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01 ZA REPORT CUP 2023-0024_2493 PARK AVE
ZONING ADMINISTRATOR ITEM # 1 DATE: FEBRUARY 22, 2024 xo�*�0_0.0 00 TO: JUSTINA L. WILLKOM, ZONING ADMINISTRATOR i�,�Js rl"l*4N FROM: RAYMOND BARRAGAN, PRINCIPAL PLANNER SUBJECT: ZONING ADMINISTRATOR ACTION (ZAA) NO. 24-004; CUP 2023-0024 (2493 PARK AVE) REQUEST: The Zoning Administrator will consider Conditional Use Permit (CUP) 2023-0024, a request to allow on-site sales and consumption of beer, wine, and distilled spirits (Type 47 ABC license) in conjunction with a restaurant located at 2493 Park Avenue. The CUP application was filed by Xinze Zhang from Shaki Shima Japanese BBQ T.I. Restaurant. PROJECT DESCRIPTION: Project Summary The applicant, Xinze Zhang, is requesting authorization to sell beer, wine, and distilled spirits for on-site consumption (Type 47 ABC License) in conjunction with an incoming 6,360 square foot restaurant. The restaurant "Shaki Shima Japanese BBQ" is a full- service, casual dining, Japanese barbecue restaurant. The floor plan includes an indoor dining area, private dining areas, storage areas, and kitchen (Figure 1). The restaurant is in a multi-tenant center at The District at Tustin Legacy.The applicant intends to use the Type 47 ABC license to offer patrons a selection of beer, wine, and distilled spirits with the meal service. Service of any beer, wine, or distilled spirits will be restricted to the indoor dining area only. The indoor dining area can accommodate approximately 180 seats and 33 tables. (Attachment A: Submitted Plans). 1 ZA Item #1 February 22, 2024 CUP 2023-0024 "T, Page 2 r. .. :: Shaki Shima Japanese BBQ 2493 Park Ave P'. 1 Legend . Dining and Service Area ❑ Kitchen a :�.,M ❑ Restrooms Storage Area ....,. y Alcohol Storage Area r T L.._ � A � L11-- ) !J f1 'n dl n -'" . n Figure 1 - Floor Plan Alcoholic Beverage Sales- The sale and consumption of beer, wine, and distilled spirits (Type 47 ABC license), in conjunction with a restaurant, can be authorized in conformance with the City's Alcoholic Beverage Sales Establishment Guidelines adopted by the Planning Commission on March 13, 2018, and Tustin City Code (TCC) Section 9271(dd). Pursuant to TCC Section 9271(dd), on-site alcoholic beverage sales, that includes on-site sale of alcohol at restaurants for on-site consumption, are exempt from distance separation requirements to sensitive uses and other alcoholic beverage sales establishments. In conformance with the Conditions of Approval and applicable regulations from the State Alcoholic Beverage Control Department (ABC), the applicant is required to provide full menu food service when alcohol is available for sale and consumption. 2 ZA Item #1 February 22, 2024 CUP 2023-0024 "T, Page 3 Hours of Operation The proposed hours of operation are between 11:30 AM to 09:30 PM, Monday through Sunday as shown in Table 1. The proposed hours of operation are consistent with the hours of other similar businesses in the vicinity. Table 1 Operating Hours Opening Hour Closing Hour Restaurant (indoor) Monday through Sunday 11:30 AM 1 09:00 PM Public Convenience and Necessity The project site is within Census Tract No. 755.18. There are currently 12 on-site alcoholic beverage sales licenses in the Census Tract. Conversely, compliance with the ABC regulations and the proposed Conditions of Approval would allow the proposed use to add to the diversity of uses within the area. Furthermore, the Tustin Police Department reviewed the proposal and does not have any concerns regarding the proposed hours of operation or the indoor sale and consumption of alcohol, in conjunction with a restaurant use. Parking The sale of alcohol is proposed as an accessory use within a proposed restaurant tenant space (Shaki Shima Japanese BBQ). The tenant space is located within the Tustin Legacy Specific Plan (TLSP) in PA-16-19. The applicant has provided an updated Parking Study (Attachment C: Parking Study) which notes the sufficiency of parking spaces in the shopping center, including the proposed restaurant. Environmental Review This project is Categorically Exempt pursuant to Section 15301 of the California Environmental Quality Act (CEQA). 3 ZA Item #1 February 22, 2024 CUP 2023-0024 "T, Page 4 CONCLUSION: Analysis of CUP 2023-0024 has determined that the establishment, maintenance, and operation of the proposed on-site alcoholic beverage sales, in conjunction with an existing restaurant, will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of the 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. Furthermore, the proposed on-site sales and consumption of beer, wine, and distilled spirits (Type 47 ABC license), in conjunction with a restaurant, as conditioned, is consistent with the Planning Commission Guidelines for Alcoholic Beverage Sales Establishments and TCC Section 9271(dd). Findings to support the request have been included in ZAA No. 24-004. Based on this report, the findings and Conditions of Approval contained in ZAA 24-004, staff recommends that the Zoning Administrator adopt ZAA 24-004 approving CUP 2023-0024 to authorize the sale of beer, wine, and distilled spirits (Type 47) in conjunction with a proposed restaurant located at 2493 Park Avenue. Attachments: A. Submitted Plans dated February 22, 2024 B. Zoning Administrator Action (ZAA) No. 24-004 Exhibit A — Conditions of Approval C. Parking Study 4 ATTACHMENT A PROppSEo � �' A uannckc win6 w.fs f vyi n xc.anx.c scn«:'u-E r �u TRU"Ca,EGaGMr=—aL e na�a"r.d 3 P o 0 � rT m oRa - TI iEoa Ga,GM� —F �e,aw. \ r3 YHEiGwn.rrer. no rryaww.ue ...o,,,.�e.oafww TILLY'S a >. o, �L1L w wd ww ro oe ryu � O aw r Q f r 1 3 U THEATRES SHOPS ---- ------ AMC --Z `3 —I\1 4 s LL `a H DISTRICT VANS a I gz '. ,: i to N. fLNF r sa THE - i y� I �Z' l Exp.o ro,g Sae wan \ (Property Line L-6-Reference Er NO S: a o. 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S METAL M-1 W¢a VTORE FRONT FLOOR PL4N SECTION 2-2 O EXISTING STORE FRONT c Z F r ry SCALE:1/4"=1'-0" SCALE:1/4--1'-a" j. a w�- REMOVE.E%ISTIMG MOD GRIDS O i y Q W—F 6 m is i QIWr F= QZQ� � YQ K U I ti z7¢ p Z 1 ALM� iYr~i1�N T�URE can C n F 17 * PLM1 Q ME AL.-1 m 7/�I �/ Ej�uM.: a ran a .I 1 r exisrw.olreRioR N—C REWIN z' S'-s-----c_3:—J�'-s' a• • PROPOSED STORE FRONT 4 aEMOVE ezisrwO 0.— SCALE:I.I.S. 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Wpuu xeP?w'���p�•�MWn� r'"w� m.osvn�,w, pp ®cr .u... •^vim. nxwo.+muxawwm m,ma..°. b.a�umv gym. r y �,�'_;,.�,�..m�,e.,ec.m.a,.. .,<ne�..m, ,<� 're .,.a• o„dm��. m,.�n LL�m,e a� :.°°"'wmb+�a......mm...,...�v°..n"d.imx� Trn1cAa.susraNDEucEuwcvERncwL�LAreaaLsuveoer °°°` ,�•,m "�'•'°•• A-6 SDOP MM=MG DETAIL � III eATrtIONSlWCONN HONDSAM Kn1'E 8 WALLBA ➢ET 41 IHOUR TMWALL=AM � I 16 ATTACHMENT B ZONING ADMINISTRATOR ACTION 24-004 CONDITIONAL USE PERMIT 2023-0024 2493 PARK AVENUE The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2023-0024 was filed by Xinze Zhang, on behalf of Shaki Shima Japanese BBQ T.I. Restaurant, requesting authorization to allow the on-site sale and consumption of beer, wine, and distilled spirits (Type 47 ABC License) in conjunction with a proposed restaurant establishment (Shaki Shima Japanese BBQ) located at 2493 Park Avenue. B. That the project site is within the Tustin Legacy Specific Plan (TSLP) in Planning Area 16-19 (PA-16-19) where alcoholic beverage establishments are listed as conditionally permitted uses pursuant to Tustin City Code (TCC) Section 9232(b)(2) and subject to TCC Section 9271(dd) and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments. Furthermore, TCC Section 9299b(3)(g) authorizes the Zoning Administrator to review and approve CUPs for alcoholic beverage sales licenses for restaurants. C. That the restaurant use is an established and permitted use operating pursuant to the TLSP regulations for properties. D. That a public hearing was duly called, noticed, and held for CUP 2023-0024 on February 22, 2024, by the Zoning Administrator. 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 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 on-site alcoholic beverages, in conjunction with the existing restaurant use, is allowed within the TLSP, PA-16-19. The project site's General Plan land use designation is TLSP (SP-1) which allows for a variety of retail, commercial, and service-oriented business activities serving a regional and community-wide area and population. 2) As conditioned, the proposed on-site consumption of alcohol shall comply with the Alcoholic Beverage Sales Establishment Guidelines as adopted by the Planning Commission on March 13, 2018, and TCC Section 9271(dd). 17 Zoning Administrator Action 24-004 CUP 2023-0024 (Type 47 ABC License) Page 2 3) As conditioned, the on-site sale and consumption of alcoholic beverages would operate in conjunction with a restaurant use where food will be served at all times that alcoholic beverages are sold and served. 4) The restaurant use is located within a retail shopping center where a variety of retail and food establishment uses are located. As conditioned, the characteristics of the restaurant use and hours of operation of the restaurant would be similar to other food establishments in the vicinity. 5) The proposed addition of alcohol sales will not result in any additional parking requirements for the existing business since it will be an accessory use and no expansion is proposed to the existing tenant space. 6) The Tustin Police Department has reviewed the application and has no immediate concerns. F. That the operational characteristics and features of the facility, such as the hours of operation, 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, in that: 1) As conditioned, business operations, including hours of operation, would be conducted in a manner which does not create a public or private nuisance. 2) As conditioned, the owner or manager of the licensed premises would maintain a written security policy and procedures manual on the premises. The security policy would identify individuals who are responsible for the premises. 3) The on-site consumption of alcoholic beverages would be in conjunction with a restaurant use where food will be served at all times when alcoholic beverages are served. 4) The proposed restaurant is located within a retail center where a variety of retail and food uses are located. The applicant requests to operate the restaurant Monday through Sunday from 11:30 AM to 9:00 PM. These hours are consistent with the characteristics of restaurant uses and the hours of operation of the restaurant would be similar to other restaurants in the vicinity. G. That although the proposed establishment is located within an over-concentrated area of alcoholic beverage sales licenses, the sales of alcoholic beverages would not have a negative impact on the community, in that: 1) The proposed sale of alcoholic beverages is in conjunction with the establishment of a restaurant. 18 Zoning Administrator Action 24-004 CUP 2023-0024 (Type 47 ABC License) Page 3 2) The Tustin Police Department has reviewed the application and has no immediate concerns, as the property where the project is located, does not have a high crime rate. As conditioned, the owner or manager of the licensed premises would maintain a written security policy and procedures manual on the premises. 3) The California Department of Alcoholic Beverage Control (ABC) has confirmed that Census Tract No. 755.18, where the project is located, currently has 12 on-site alcoholic beverage sales licenses in the Census Tract. The proposed on-site alcoholic beverage sales, within a restaurant establishment, will not contribute negatively to the alcohol establishments in Census Tract No. 755.18 in that the business would add to the diversity of uses within this area and shall be required to comply with ABC's license restrictions and the proposed Conditions of Approval. H. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves CUP 2023-0024 authorizing the on-site sale and consumption of beer and wine (Type 47 ABC License) in conjunction with a proposed restaurant establishment (Shaki Shima Japanese BBQ) located at 2493 Park Avenue, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 22"d day of February 2024. JUSTINA L. WILLKOM ZONING ADMINISTRATOR VERA HURTADO RECORDING SECRETARY 19 Zoning Administrator Action 24-004 CUP 2023-0024 (Type 47 ABC License) Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, VERA HURTADO, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 24-004 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 22"d day of February 2024. VERA HURTADO RECORDING SECRETARY 20 EXHIBIT A CONDITIONAL USE PERMIT 2023-0024 DRAFT CONDITIONS OF APPROVAL 2493 PARK AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the plans dated February 22, 2024, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to plans if such modifications are consistent with provisions of the Tustin City Code (TCC) and other applicable codes. (1) 1.2 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 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 30 days prior to expiration. (1) 1.4 Approval of CUP 2023-0024 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. Failure to comply with the Conditions of Approval of the establishment creates undue burden to City resources, or if the CUP is abandoned for a 12 -month period, these circumstances shall be grounds for revocation of the CUP. (1) 1.5 Any transfer of ownership of the establishment and/or operator shall require the new owner and/or operator to sign and return an "Agreement to Conditions Imposed" form provided by the Community Development. Failure to do so would be a basis for revocation proceeding. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION 21 Zoning Administrator Action 24-004 CUP 2023-0024 (Type 47 ABC License) February 22, 2024 Page 2 (1) 1.6 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.7 CUP 2023-0024 may be reviewed on an annual basis, or more often, if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with the Conditions of Approval. If the use is not operated in accordance with CUP 2023-0024 or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. (1) 1.8 As a Condition of Approval of CUP 2023-0024, 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, Zoning Administrator, 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) 1.9 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) 1.10 All Conditions of Approval for CUP 2023-0024 shall remain in full force and effect for as long as the business continues to operate. (1) 1.11 Approved uses shall operate within all applicable State, County, and TCC regulations. Any violations of the regulations of the ABC 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 CUP, as provided by the TCC. 22 Zoning Administrator Action 24-004 CUP 2023-0024 (Type 47 ABC License) February 22, 2024 Page 3 USE RESTRICTIONS (1) 2.1 This approval provides authorization for a Type 47 ABC license for the on- site sales and consumption of beer and wine only in conjunction with an existing restaurant. Any changes to the ABC License shall be reviewed and approved by the Community Development Director. (1) 2.2 The applicant shall obtain the appropriate license from ABC for the type of alcoholic sales authorized for the site. A copy shall be provided to the City prior to operating the alcoholic sales. (1) 2.3 The business may operate daily from 11.30 AM until 9.00 PM unless otherwise modified with the approval of the Zoning Administrator in compliance with the City's Alcoholic Beverage Sales Establishment Guidelines. If there is a marked or noticeable increase in the number of police related incidents on or near the premises, as such increase may be determined by the Chief of Police, the applicant may be required to provide State-licensed, uniformed security guards at a number determined by the Chief of Police. (1) 2.4 Food must be served whenever the privileges of the on-sale alcohol license(s) are being exercised. (1) 2.5 All managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The ABC must approve said training program. Records of each employee's successful completion of the certified training program required by this section shall be maintained on the premises of the alcoholic beverage sales establishment and shall be presented upon request by a representative of the City of Tustin. (1) 2.6 The applicant, or an employee of the licensee, must be present to monitor all areas of the establishment during all times that alcoholic beverages are being served or consumed. (1) 2.7 The applicant shall, at all times, utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status, but only to comply with State law restricting the sale of alcohol to those 21 years of age and older. 23 Zoning Administrator Action 24-004 CUP 2023-0024 (Type 47 ABC License) February 22, 2024 Page 4 (1) 2.8 Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. (1) 2.9 All alcohol shall be consumed on-site, with the exception of the provisions stated in Business and Professions Code Sections 23396.5. and 23401. (1) 2.10 There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. (1) 2.11 Live entertainment shall be subject to the issuance of a live entertainment permit pursuant to TCC Chapter 2 Part 3, and shall comply with all of the standards contained therein. (1) 2.12 There shall be no special events sponsored by or involving an outside promoter or any other person other than the applicant and/or property owner. The building may not be sublet to a separate business or promoter or person other than the applicant and/or property owner. (1) 2.13 In the event there is a queuing line, the business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. No food or beverages shall be consumed while in queuing lines. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. (1) 2.14 There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. (1) 2.15 Games or contests requiring or involving consumption of alcoholic beverages shall be prohibited. (1) 2.16 Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Community Development Department and the Tustin Police Department (TPD), prior to their establishment. (1) 2.17 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. (1) 2.18 The owner or manager of the licensed premises shall maintain, on the premises, a written security policy and procedures manual, which have been approved by the TPD, addressing, at a minimum, the following items: 24 Zoning Administrator Action 24-004 CUP 2023-0024 (Type 47 ABC License) February 22, 2024 Page 5 1) Identify individuals who are responsible for the premises. The list shall include contact information such as name, address, phone number, etc. and the list shall be current and accurate. 2) Procedures for handling obviously intoxicated persons. 3) The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. 4) Procedures for handling patrons involved in fighting, arguing or loitering about the building, and/or in the immediate adjacent area that is owned, leased, rented or used under agreement by the licensee(s). 5) Procedures for verifying the age of patrons for purposes of alcohol sales. 6) Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. 7) Procedures for calling the TPD regarding observed or reported criminal activity. 8) Procedures for management of queuing lines. 9) The location and description of any video games proposed to be on the premises. (1) 2.19 There shall be no window coverings or advertisements that reduce the visibility inside of the business. (1) 2.20 All signs shall comply with the Tustin Sign Code and the following: 1) There shall be no exterior advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. No interior displays of alcoholic beverages or signs which are clearly visible to the exterior. 2) Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 25 Zoning Administrator Action 24-004 CUP 2023-0024 (Type 47 ABC License) February 22, 2024 Page 6 3) The applicant shall post a "NO LOITERING" sign prohibiting loitering on the exterior of the premises. 4) Signs shall be posted in a conspicuous space at all entrances/exits of the premises which shall state, "NO ALCOHOLIC BEVERAGES BEYOND THIS POINT." (1) 2.21 Any graffiti painted or marked upon the premises, or any adjacent area under control of the property owner or the business, shall be removed or painted within 24 hours of being applied. (1) 2.22 All litter shall be removed from the exterior areas around the premises, including public sidewalk areas and parking areas, no less frequently than once each day that the business is open. (1) 2.23 No sexually oriented businesses shall be conducted on the premises without approval by the City of Tustin in accordance with the TCC. FEES (1, 5) 3.1 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. 26 ATTACHMENT C LINSCOTT MEMORANDUM GREENSPAN To f11111ur Zhang Date: November 13. 2023 V Show Party K, LLC Engineers&Planners From: Richard E. Barretto, P '11cipal LLG Ref; 2,23.4740.1 Traffic LLG, Engineers 2.22.4594.1 Transportation 2.17.3894.1 parking 2.17.3826.1 2.03.2488.1 tinscott taw& Greenspan,Engineers CC: Mark Field, Vice President of Construction, Vestar 2 Executive Circle Suite 250 Supplemental Parking Assessment for the proposed Karaoke Lounge Irvine,CA 92614 Subject (CUP#2023-0012) and the proposed Shika Shirai Japanese BBQ 949.825.6175 r (COMB C-2023-0005 6) - The District at Tustin Legacy 949,825.6173 F vvvvw llgengineers.com Linscott, Law & Greenspan, Engineers (LLG) is pleased to submit this Supplemental Parking Assessment associated with the proposed Karaoke Lounge project and Pasadena Irvine proposed Shika Shimi Japanese BBQ restaurant project at The District at Tustin Sao Diego Legacy. Pursuant to our discussions, we understand that the preparation of a shared woodland Hills parking analysis addendum is required by the City as part the proposed tenant modifications to Union. Market to allow for the construction of both these Projects, plus the occupancy of a vacant restaurant designated suite at Union Market Tustin with another restaurant tenant. Existing Development The District at Tustin Legacy is an existing shopping center with uses that include general retail, department stores, pet supply store, a home improvement store, a membership warehouse with gas dispensing station, financial institutions/banks and a grocery store with 755,183 SF of retail floor, up to 141,545 SF food- uses/restaurants/entertainment, a 24,000 SF Planet Fitness health club, a 68,150 SF movie theatre with 1,581 seats (the recent remodel resulted in a loss of seats from an original total of 3,003 seats), up to 18,223 SF of outdoor dining area and a 31,659 SF outdoor garden center. Proposed Projects Philip M.Linscnut PE0924-2000 The proposed Projects include tenant modification to Union Market to allow for the William A.Law,PE092146181 construction of a Karaoke Lounge and Shika Shine Japanese BBQ. Jack M.Greenspan,PE Ined ,Paul W.Wilkinson,PE m,t.l The proposed Karaoke Lounge, which will occupy 2493 Park Avenue Unit #B, 'Jahn P.Keating,PE*0 includes the construction 12,123 square-foot (SF) karaoke lounge and entertainment +°avid S.Shander,PE venue consisting of a 1,400 SF bar with a capacity of 68 persons, 20 John A.Boorman,PE (Clare M.Look-Jaeger,PE IReo VIP/entertainment rooms totaling 5,120 SF and a seating capacity of 146 persons, a Richard E.Barretto,PE 335 SF kitchen, 4,860 SF dedicated to storage/internal circulation, and 408 SF of 1Keil0.Ma4erry,PE IKalyan C.Yellapc,PE Dave Hoseman,PE 27 r a-.)n_a=_�,;-k,u;�nke l ,nu,c It ri,r tirl �!,n ltan„n 4-W KIn,l6e L„,m-r C nnO m dw n,anct h:,1 r11'� txra mem i-��- Shankar Ramakrishnan,PE .An LG2Wa Company Fauneed 1966 V Show Party K, LLC LINSCOTT November 13, 2023 Page 2 GREENSPAN "other" floor area. The proposed Karaoke Lounge will be developed in place of retail floor area and restaurant floor area within the Union Market Tustin. This Project component is expected to operate Monday through Sunday, from 3:00 PM to 2:00 AM according to information provided by the Project applicant. Attachment I includes the proposed Site Plan for the Karaoke Lounge, prepared by MM Interior Design. We understand that the remaining floor area of the Union Market will also be renovated as a part of future tenancies to allow for the occupancy of two restaurant uses. Slvki Shimi Japanese BBQ, which is proposed to occupy 2493 Park Avenue Unit#A, has a total floor area of 6,360 SF (Plan Check# COMBC-2023-00056), plus up to 1,705 SF of outdoor patio/dining area. Like the proposed. Karaoke Lounge. the proposed Japanese BBQ restaurant will be developed in place of retail/in-line food uses within the Union Market Tustin. Attachment 2 includes the proposed Site Plan for the propose Japanese BBQ, prepared by MM Interior Design. Pho N Mor, which is proposed to occupy 2493 Park Avenue Unit #C, is an allowable use and will be developed in place of a former restaurant suite at Union Market Tustin. This restaurant has a total floor area of 3,470 SF plus 340 SF of patio floor area and is included in the parking analysis.. Parking Analysis Addendum Consistent with our prior supplemental analyses, this parking analysis only focuses on requirements of The District during a peak non-holiday winter weekday and weekend conditions, which represents the project"s peak parking demand and utilizes an overall parking supply of 4,833 parking spaces as verified in prior studies. The parking assessment reflects all recent changes documented in the October 2015, February 2016, April 2016, August 2016, May 2017, June 2022 parking studies, as well as and the recent parking assessments that were prepared for the Costco Mezzanine Expansion in September 2022. With the above referenced changes, the mix of uses at the District at Tustin Legacy, which total 1,050,883 SF, will include 755,193 SF of retail floor, up to 135,185 SF food-uses/restaurants/entertainment (inclusive of the 3,470 SF Pho N Mor restaurant), a 24,000 SF Planet Fitness health club, a 68,150 SF movie theatre with 1,581 seats (the recent AMC Theaters remodel resulted in a loss of 1,352 seats from the previous total of 2,933 seats), up to 16,518 SF of outdoor dining area and a 31,659 SF outdoor garden center plus the proposed 12,123 SF Karaoke Lounge and 6,360 SF Shika Shimi Japanese BBQ with 1,705 SF of outdoor dining. 28 tiu ���._l�I r. i. i II 1 ; 1h I1-4 & IILTII.1ll}fu„i l I1r I a P w G I I.. 1 ,__�i�n ii-�:-_ _�J V Show Party K, LLC LINSCOTT November 13, 2023 Page 3 GREENSPAN The methodology utilized in this report is similar to that of prior reports with the exception that the shared parking profiles have been updated to reflect the current shared parking methodology outlined in Urban Land Institute's (ULI) Shared Parking, 3''`1 Edition. For example, the current ) Edition ULI now has additional laid uses such as Discount Stores/Superstore and Home Improvement Stores which were used for Costco and Lowes, respectively. Additionally, the current ULI has made refinements to other profiles to more accurately represent current conditions. Table A, located at the end of this letter report, summarizes the updated mix of land uses and floor area for the District at Tustin Legacy with the proposed Karaoke Lounge and Japanese BBQ restaurant, inclusive of all prior approved and recent proposed tenancy modifications at The District, as noted previously. For the proposed Karaoke Lounge project, parking profiles for night club were utilized as the basis of the hourly demands with modifications to account for early evening activity. Since this is a uiuque use a parking ratio of 1 space per 3 seats was applied to the number of seats in each of the karaoke rooms plus dining area to forecast the peak parking demand. Additionally, the employee demand (20 employees) was added to the customer demands. According to the Shored Parking publication, casual/fining dining restaurant uses are shown to experience peak demand between 7:00 PM and 10:00 PM on weekdays, and 9:00 PM and 9:00 PM on weekends. Family restaurant (quick serve food) uses are shown to experience peak demand between 12:00 PM and 1:00 PM on weekdays and weekends, whereas a fast-food uses peak demand occurs between 12:00 PM and 2:00 PM on weekdays and weekends. The peak-parking ratio for these uses equals the City's Parking Code requirement. It is noted that the casual/fining dining restaurant profile was utilized in this analysis to estimate the hourly parking demand of the proposed Japanese BBQ. Application of Shared Parking Methodology Tables B and C present the weekday and weekend parking demand profiles for The District at Tustin Legacy based on the shared parking methodology, assuming the occupancy of the current vacant suites and completion of the proposed Projects. Columns (1) through (14) of Tables B and C present the parking accumulation characteristics and parking demand of current tenant mix/allowable uses at The District at Tustin Legacy for the hours of 6:00 AM to midnight, whereas Colurnn (15) and Column (16) present the hourly parking associated with the proposed Karaoke Lounge and proposed Japanese BBQ. Column (17) presents the expected joint-use parking 29 _-1,i 11,i -I n+ I" N p 1- ,onII', 0JI, V Show Party K, LLC LINSCOTT November 13, 2023 Page 4 GREENSPAN demand for the entire site on an hourly basis, while Column (18) summarizes the hourly parking surplus/deficiency (no. of spaces) for the retail center compared to a shared parking supply of 4833 spaces. Note that the sizing (floor area) of each land use, and recommended parking rates are included in the tabular headings of each type. Both tables highlight the forecast peak parking demand for the Project. Weekday Parking Assessment for Peak Non-Holiday Table B presents the hourly shared parking demand forecast on a weekday day with the conversion of Union Market to now include the proposed Karaoke Lounge as well as the proposed Japanese BBQ. As shown, the proposed Projects will not have a parking impact, as the peak weekday afternoon parking demand for The District is forecast to total 4,536 spaces, with an evening peak hour parking demand of 4,411 spaces. With a parking supply of 4,833 spaces, a parking surplus of 247 spaces is forecast at 1:00 PM during a non-holiday weekday condition, whereas a parking surplus of 422 spaces is forecast at 6:00 PM during a non-holiday weekday condition Weekend Parking Assessment for Peak Non-Holiday Table C presents the hourly shared parking demand forecast on a weekend day with the conversion of Union Market to now include the proposed Karaoke Lounge as well as the proposed Japanese BBQ. As shown, the proposed Project will not have a parking impact, as the peak weekend afternoon parking demand for The District is forecast to total 4,728 spaces. With a parking supply of 4,833 spaces, a parking surplus of 105 spaces is forecast at 1:00 PM during a non-holiday weekend condition. As shown, the District's parking supply of 4,833 spaces satisfies the peak weekend evening parking demand of 4,540 spaces projected to occur at 6:00 PM in the evening during a non-holiday winter weekday condition Peak Demand by Month. The most current ULI now provides detailed monthly demands by land use. Tables D and E present the hourly parking demand on a monthly basis for The District inclusive of the proposed Karaoke Lounge. Review of Table D and E shows that additional surpluses beyond what was identified in Tables B and C will be provided throughout the year as each use peaks during their respective months. 30 rII,-D I V,i;n@Qz.nn-1-4,, .,v duke Y.,u412V r"tklni Inv a13Y51Y wl diYil mina G'.,�1 na N5,c,nICn1 I 1-1 - V Show Party K, LLC LINSCOTT November 13, 2023 Page S GREENSPAN Conclusion The parking supply of 4,833 parking spaces is sufficient to acconmlodate the shared parking demands of The District, including proposed modification of the Union Market Tustin to accommodate the proposed Karaoke Lounge and Japanese BBQ, plus all previously approved and recently proposed tenant changes. Hence, we conclude that the proposed Project will not have a parking impact and the results of prior parking analyses for The District are still valid, inclusive of the recent supplemental analyses prepared in September 2022. If there are any further questions, or you require any additional information, please do not hesitate to call me. CU Shane Green, P.E., Senior Transportation Engineer 31 11 1-A�,h-arinke I uuri &IdIla tic ie lit+a)ar 1h LINSCOTT GREENSPAN TABLE A UPDATED PROJECT DEVELOPMENT SUMMARY TENANT MIX['I] KARAOKE LOUNGE&JAPANESE BBQ AT THE DISTRICT AT TUSTIN LEGACY Land Use Size I i Planning,1rea Its Bi, Brix Retail 13cxrr(-.Ilrrli,: •�i /Y/ 161.373 SF191 Retail-Map;,1)& 10 273,420 SF Retail-Shop 9 6,161 SF Restaurant-Pad 9,Shops 9 15.633 SF PA 16 Buildins Floor Area: 456,587 SF Garden Center-Major 9 31,659 SF Outdoor Patio 1.500 SF Inchadntg iiurden tCnler and PuNu: 789,746 S'I Planning Area 17-Other Maims Retail 44,909 SF P.417 Building Floor Area: 44,908 SF Planning.area 19-West-Life Stvle Center Retail(41 40,041 SF Restaurant[5] 52,956 SF Bowline Alley tr/30 Lines&3 287 SF Restaurant[2] 28.000 SF Planet Fitness Health/Fitness Club(61 24,000 SF Bar Louie with Outdoor Patin[71 7,837 SF Union Ryde,a Spin Studio(81 2,500 SF Bubble POP,an interactive chlldrens venue[101 4.502 SF Entertain Venue%1275 seats parer liwanlshe!lnpuec) 3,728 SF Office-Management-2429&2433 Park[3] 1 214 SF Movie Theatre w'1,581 seats(previous total was 2,933 seats)[I 11 68,150 SF haraoke LOunge[4][131 127)33 SF Sham Shima Japaness BBQ 1141 6,360 SF Skik-a Srhona Jall BBQ ouldoor-palto11141 1,705 SF F4 194i'Building Floor Area: 251,311 SF Outdoor Patio[5][71 9.094 SF subliwal 260.405 Sl Planning Area 19-East-Jamboree Shops Retail-Majors 2 to 7,Pad 3-6.and Shops 10 202,090 SF Restaurant-Pads 3-1,5,6&8 27,617 SF Financial Institution/Bank-Pads 3-2&4 10.343 SF Fast-Food Restaurant-Pad I (Chick-fil-A) 4,767 SF[12] Fast-Food Restaurant-Pad?(la-N-Out) 3,379 SF PA 19E Building Floor Area: 248,195 SF Outdoor Patio 5,924 SF lncIndrng Puna: 251,119 Vh 'total Gross Building Square Fontage 1,001,001 SF Total Garden Center Square Footage 31,659 SF Total Outdoor Restaurant Patio Area 18,223 SF Total Project Square Footage 1,050,883 SF 111'�ure err ln•,;: _, .r5'iruPlmrr •, ,. . r rr,.nn rd nalul h�lemur r1r6 a':F-1 o1a,,.1 an r--croon of Loft spa ce ace fSourec LPN�AIarl c l,�Li,ung Ill.. .11JI111 parr.-.,. IiiiinI-mmnMarket-plus 3411 SF ofoulJanrpatio(Pho-n-Mari dllonahl ,m..u-. _.inlli, IeS,_i r,i. _.io_.I Ill V 1 SF nos Inenedlii londin suite IN IC.bi Porml_ Include N'3 S}I;l ,,. l i,—_ Ill"•r .il .��__ ._,a:1. ,gym 1r,1PlanelFun ,. _ in .r..=lit - 1 11rroil-dsi rLdIli: t •nn—y-Ib, DSV4toahealthlfsnessclub 171 Bar Lousemll _i 111,1n-rPan.raFrcad,mui---1 n I.,SFofthe adjacent unu.resulnn5ana total SF oft S17SF Bu 11—111:1:i r, 11..l„1:::.11.SF nY 1N�1.r,innR,I, u11:, :pi uuSFmrad:d.,:, 11:11;11iniir<sdohfspinatmboY 1'l l C„s+r F I I I mdud. i a a w y,:, n r locker room add uott 11,11 Hnbticl,01',,.r11 -.q. 4.'1)_SF rl1 liu;c ur .:I:,i; l ..r •oi.ill,. _ u..ra.1 nid:, I,01 .: Ill I .Ii I.rn„ ��� ..�a��,_ 1 a1,:, :1 J io 191 ,r:,6r:R -uul,,r. ,I„p,unr 1 il. p"ip �I a,...-.,d 7 :��,�, r„u M1,n rh,. rn tir u.l.. , 'PI -HILA 1!a 1 1neludas con t,erSlon of retail!m-brie food macs a 1hta Farmer Union hlarket to a Japanex.BBQ ISlrka 9utnal.with 1,7115 SF of cutdaor parn 32 i,oa-nr1111117 i,t 1ull.nR,_l„-,. ._1 I(i 4e1 -,L1-p,,nasc51-W.11'11Far4_i i,.c,anrn 1 __ ,tr TFIT 7 V E J / ) { \ i= = ; a = = \\, : » ; _ _ _ _ _ _ _ , \ � \ \� \ \_ _ _ /� ll � . , , � q , l , = = = \ � \ \ \ � � \ \: : r : : , /: : : : : : : : : ; � _ \ \ \ � �� � � - = j� - - - - _ _ \ � \ � /; {/ � � \ \\ \\ // \ ! � ; > . . : e � : \� r \, . = = , ; � _ : \ \ \\ \ \ /} \ _ \ f ! = » : : : ; /3 } < : l ; : ¥ 4 ; § E } \\ }\\ } F 7. 7 A z t; \ � _z /\ \ | + } , _ _ : _ \\ \ r� 7 .7 .7 j \ -m7 ; f _ ! } !- ® = : . a = ; ; ; � � ; � » zs - ° / j \ \ } \ \ � \ \ \ \ \ \ \ \ \\ \ ƒ\ / ) \ Ly M7 IT 33 . \/ji/ % § / \ 2 § z : > : E \Ez : \ \ § } T'i -I 72 F2 - - - - - - - - - - u mp \ \ \ \ \ \ } }« z » : » , : /= , r : § a ; : , . = \ \ ED ` } i= = = = = = : }z : K = \GUBaEz , CL CY ca od § C) � � \\ \\ , � . \\ \\ /} / f / 3 Tl- Z ` ` \ \\ \\\ \ \\ \ � \ \ ` � \ \ : \\ �\\ \ ƒ, : : z : ; ; /zrzz » : ; ; ° ` \ \ \ \ \ \\\\ / z z ƒ / ) { } /— , , 777 »= a : n „ cuz : . : � 7 \ \ \ \ \ \ \\\ < < < 3 Ai `a Z 6 l� � Z a - Z "L c � c -- M x o ni n n Jt _ - u^ Z - 4 - J z z 7 Q a � z F Q � - d z r [J d W O � O W ti F x Q N in ° w � Vl � Y n ✓J. 40 6 � w � w = ° = Y I v - Z - Z = o ' G _ :n = � 7 - J Z J XA'M L r � Z 35 � �. r•i Rr -t ri ri x. - � - a z i6J! 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