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HomeMy WebLinkAbout02 CUP 07-010Report to the Planning Commission DATE: AUGUST 14, 2007 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 07-010 APPLICANT: STRIKE HOLDINGS, LLC. LOCATION: 2405 PARK AVENUE ITEM #2 REQUEST: TO OPERATE A 30 -LANE BOWLING ALLEY, ARCADE, AND RESTAURANT WITHIN AN EXISTING 28,000 SQUARE FOOT TENANT SPACE LOCATED WITHIN THE DISTRICT AT TUSTIN LEGACY. RECOMMENDATION That the Planning Commission adopt Resolution No. 4062 approving Conditional Use Permit 07-010 to authorize the operation of a 30 lane bowling alley with an arcade and restaurant located at 2405 Park Avenue. BACKGROUND AND DISCUSSION Conditional Use Permit 07-010 was continued from the July 24, 2007 Planning Commission meeting to allow further review of the proposed project by the City of Tustin Police Department. Upon further review the Police Department has placed additional conditions of approval on the subject project contained within Planning Commission Resolution No. 4062. Rya wiontek Associate Planner Elizabeth A. Binsack Community Development Director Attachment: A. Planning Commission Staff Report dated July 24, 2007 B. Planning Commission Resolution No. 4062 ATTACHMENT A Planning Commission Staff Report dated July 24, 2007 Report to the Planning Commission DATE: JULY 24, 2007 SUBJECT: CONDITIONAL USE PERMIT CUP 07-010 OWNER: VESTAR/KIMCO TUSTIN, L.P. VESTAR DEVELOPMENT COMPANY 7575 CARSON BLVD LONG BEACH, CA 90808 APPLICANT: STRIKE HOLDINGS, LLC. BRETT PARKER 215 PARK AVENUE SOUTH #1800 NEW YORK, NY 10003 LOCATION: 2405 PARK AVENUE GENERAL PLAN: MCAS TUSTIN SPECIFIC PLAN ITEM #2 ZONING: SPA — MCAS TUSTIN SPECIFIC PLAN DISTRICT (PLANNING AREA 19 - COMMERCIAL) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 (CLASS 1) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: A REQUEST FOR AUTHORIZATION TO OPERATE A 30 -LANE BOWLING ALLEY, ARCADE, AND RESTAURANT WITHIN AN EXISTING 28,000 SQUARE FOOT TENANT SPACE LOCATED WITHIN THE DISTRICT AT TUSTIN LEGACY RECOMMENDATION That the Planning Commission adopt Resolution No. 4062 approving Conditional Use Permit 07-010 to authorize the operation of a 30 -lane bowling alley with an arcade and restaurant located at 2405 Park Avenue. CUP 07-010 July 24, 2007 Page 2 BACKGROUND Location The proposed Strike Bowling Alley will be in the District shopping center at Tustin Legacy, located at the northwest corner of the intersection of Jamboree Road and Barranca Parkway on the former Marine Corps Air Station (MCAS) Tustin. The District shopping center comprises over a million square feet of retail and restaurant commercial uses. Strike Bowling Alley will be located on the second floor of Building 5 in the Lifestyle Center of the District. The Lifestyle Center is a pedestrian -oriented portion of the District which will have an emphasis on entertainment attractions in addition to retail and restaurant uses. Surrounding Properties The District at Tustin Legacy is zoned as Specific Plan 1 (SP -1) MCAS Tustin Specific Plan and comprises Planning Areas 16, 17, and 19. The District is bounded by Tustin Ranch Road to the north and west, Jamboree Road to the east, and Barranca Parkway to the south. Commercial and industrial uses lie to the south and east of the project site across Jamboree Road and Barranca Parkway in the City of Irvine. Land to the north and west of the project site is also located within the MCAS Tustin Specific plan and is currently being redeveloped to accommodate a wide variety of possible future uses within a community core. Properties adjacent to the Strike Bowling Alley are also located within the District shopping center. The Lifestyle Center of the District is located within Planning Area 19 which allows for an assortment of commercial uses, which include commercial recreational facilities such as bowling alleys and arcades as a conditionally permitted use. Site Conditions The shell building (Building 5) that will accommodate the proposed bowling alley is currently under construction with a completion date towards the end of August 2007. Building 5 has numerous tenant spaces that include three restaurants, Borders Books & Music, Tilly's, DSW, and other smaller tenant spaces. The Lifestyle Center has already opened to the public with the opening of the AMC movie theaters which was followed by retail tenants and restaurants. Many of the tenant suites still remain under construction, but should be opening shortly. The Grand Opening of the entire District shopping center is scheduled for August 16, 2007. If approved, the Strike Bowling Alley has an anticipated opening date of December 1, 2007. 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 July 12, 2007. Property owners CUP 07-010 July 24, 2007 Page 3 within 300 feet of the site were notified of the hearing by mail; a hearing sign was posted on the site and at City Hall on July 12, 2007. The applicant was informed of the availability of the agenda and staff report for this item. DISCUSSION Business Description Strike Bowling Alley is proposing to occupy an existing 28,000 square foot tenant space located on the second floor of a two-story building. There will be 30 bowling lanes as well as a 1,310 square foot restaurant area with 56 seats including a bar. Alcoholic beverages will be served on-site in conjunction with a bona fide restaurant, which is outright permitted within Planning Area 19. A 1,380 square foot video game arcade with a maximum occupancy of 126 persons is also being proposed for the bowling alley. Strike Bowling Alley is proposed to operate as an all ages entertainment venue pursuant to Condition 5.1 of Resolution No. 4062. Tenant improvements will be required; however, there are no exterior improvements to the building that are being proposed. Hours of Operation The proposed business hours of operation are from 10:00 a.m. to 2:00 a.m. which have been conditioned to remain as such pursuant to Condition 5.2 of Resolution No. 4062. The proposed hours are consistent with other businesses operating within the Lifestyle Center which also include additional entertainment facilities such as a fourteen screen movie theater and future comedy club. Parking There is an approved parking demand analysis for the District which has already assumed a 28,000 square foot bowling alley in the proposed location. On July 26, 2004, the City of Tustin Planning Commission approved a reduction of off-street parking requirements for the project with approval of the "Traffic Impact Assessment and Parking Demand Analysis." Since approval, there have been two addendums to the parking analysis both of which included the proposed project. Conditional Use Permit In determining whether to approve the Conditional Use Permit for the proposed 30 -lane bowling alley with a restaurant and arcade, 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: CUP 07-010 July 24, 2007 Page 4 1. That Planning Area 19 of the MCAS Tustin Specific Plan accommodates a variety of commercial uses and allows for commercial recreational facilities such as bowling alleys and arcades upon approval of a Conditional Use Permit. In addition, the project has been reviewed and determined to be consistent with the Air Quality Sub -element of the City of Tustin General Plan. 2. The proposed bowling alley, arcade, and restaurant would not be detrimental to surrounding properties in that the hours of operation, number of customers, and type of operation are consistent with other businesses within the District shopping center. All operations will be conducted inside the building. 3. The proposed use has been accounted for in an approved Parking Analysis for the District shopping center. 4. As conditioned, Conditional Use Permit 07-010 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 07-010 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. 5. The implementation/application of the proposed conditions would ensure compatibility of the proposed bowling alley business use with the surrounding uses and the Tustin City Code. Staff recommends that that the Planning Commission adopt Resolution No. 4062 approving Conditional Use Permit 07-010 for a 30 -lane bowling alley with an arcade and restaurant located at 2405 Park Avenue in the District at Tustin Legacy. Ry Swiontek Associate Planner Attachments: A. Location Map B. Submitted Plans C. Resolution No. 4062 E izabeth A. Binsack Community Development Director ATTACHMENT A Location Map LOCATION MAP TUSTIN CITY MAP Project No. CUP 07-010 Address: Strike Bowling Alley 2405 Park Avenue Tustin, CA 92782 WW oma• to Mmidw 811111VIO" 40I PA 16 �' i b.aw ' COMMERCIAL *,A � ���� - PA 13 ' 1 !i pw eta c� -• � �- � soutl, i I MM CIAL• Bu' COMM 1EiU11- PA14 1 --- ­— � PI—CIAL500' � fes! ..� ter— --- aulrro. ATTACHMENT B Submitted Plans f13u!r 'SNOIIVCA3898V'SMN IVN3N3D ` i r-� e� z j#; 2 a a I till. tr id,ca A{ Ntild N0113f1'81SN(7 J 07; Vf 3'. t I a� J 3'. t M YI - � r � -,— ... ,..... 3 Tx i. . ,.. .... . {{ r w ` s i r r a r o r �., ...._ ...._ r, ...m... M..R.� E � � AL ilmoI.. a __-_______-_______________-_____-_ � ` * ^ � � / ^ L ATTACHMENT C Resolution No. 4062 RESOLUTION NO. 4062 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 07-010 AUTHORIZING THE ESTABLISHMENT OF A THIRTY (30) LANE BOWLING ALLEY WITH A RESTAURANT AND ARCADE IN AN EXISTING 28,000 SQUARE FOOT TENANT SPACE LOCATED AT 2405 PARK AVENUE AT THE DISTRICT. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. A proper application for Conditional Use Permit 07-010 was filed by Doug Steves of Permit Place, Inc. on behalf of Strike Holdings, LLC. to request authorization to establish a thirty (30) lane bowling alley with a restaurant and arcade at the District within the MCAS Tustin Specific Plan (SP -1) Planning Area 19 zoning district and the MCAS Tustin Specific Plan General Plan Land Use Designation. B. That a public hearing was duly called, noticed, and held for Conditional Use Permit 07-010 on July 24, 2007, by the Planning Commission. C. 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. Planning Area 19 of the MCAS Tustin Specific Plan accommodates a variety of commercial uses and allows for commercial recreational facilities such as bowling alleys and arcades upon approval of a Conditional Use Permit. In addition, the project has been reviewed and determined to be consistent with the Air Quality Sub -element of the City of Tustin General Plan. 2. The proposed bowling alley, arcade, and restaurant would not be detrimental to surrounding properties in that the hours of operation, number of customers, and type of operation are consistent with other businesses within the District shopping center. All operations will be conducted inside the building. 3. The proposed use has been accounted for in an approved Parking Analysis for the District shopping center. Resolution 4062 CUP 07-010 Page 2 4. As conditioned, Conditional Use Permit 07-010 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 07-010 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. 5. The implementation/application of the proposed conditions would ensure compatibility of the proposed bowling alley business use with the surrounding uses and the Tustin City Code. D. 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 07-010 authorizing the establishment of a thirty (30) lane bowling alley with a 1,310 square foot restaurant and 1,380 square foot video arcade located in an existing 28,000 square foot tenant space at 2405 Park Avenue at the District subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 24th day of July, 2007. BRETT FLOYD Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution 4062 CUP 07-010 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. 4062 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of July, 2007. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4062 CONDITIONAL USE PERMIT 07-010 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped July 24, 2007, 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. (1) 1.2 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. (1) 1.3 All conditions in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 07-010 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. (1) 1.5 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. (1) 1.6 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. (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Resolution 4062 CUP 07-010 Page 2 (1) 1.7 As a condition of approval of Conditional Use Permit 07-010, 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. (***) 1.8 Conditional Use Permit 07-010 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with conditions of approval included in Exhibit A of Resolution No. 4062, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. BUILDING DIVISION (3) 2.1 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. (1) 2.2 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. • Two (2) copies of structural calculations. (if applicable) (3) 2.3 The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2001 California Plumbing Code Chapter four (4) Table 4-1 as per type of group occupancy, or as approved by the Building Official. Exhibit A Resolution 4062 CUP 07-010 Page 3 (1) 2.4 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. (1) 2.5 The applicant shall comply with the City of Tustin Noise Ordinance to limit all interior and exterior noise levels to the established standards PUBLIC WORKS DEPARTMENT (1) 3.1 Commercial Recycling: a. Pursuant to City Code Section 9275, The Applicant, Property Owner, and/or tenant(s) are required to participate in the City's recycling program. b. Prior to issuance of a Building Permit, a solid waste recycling plan shall be submitted and approved by the City of Tustin Public Works Department. The plan shall contain the following information: i. The total quantity (lbs. or tons) of waste material to be generated by the proposed development use(s). ii. The types of waste materials likely to be generated by the proposed use(s). iii. The proposed method of recycling, including material types and quantities. iv. Identify any outside recycling equipment or services, other than the City franchise hauler, proposed to service the development. V. Identify any special waste materials (cooking oils, hazardous materials, lumber, etc.) which require special handling. vi. Identify the types and number of collection receptacles to be utilized and the proposed frequency of collection. vii. Demonstrate that waste and recycling collection locations are clearly identified and are equally and readily accessible by property owners and tenants viii. Demonstrate that waste collection locations can be readily accessed by waste and recycling collection vehicles. Exhibit A Resolution 4062 CUP 07-010 Page 4 (1) 3.2 This Development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations ORANGE COUNTY FIRE AUTHORITY (1) 4.1 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. (1) 4.2 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 (1) 5.1 The bowling alley will be part of a pedestrian and entertainment oriented lifestyle center. The bowling alley will be available for all ages. No sexually oriented business may be established in conjunction with, or in lieu of, the bowling alley at the subject location. (1) 5.2 The operating hours shall begin no earlier than 10:00 a.m. and close no later than 2:00 a.m., seven days a week. (1) 5.3 The applicant shall utilize Best Available Control Technology on all cooking and exhaust equipment in accordance with Air Quality Management District (AQMD) standards due to the property's proximity to residential properties. (1) 5.4 Exterior public pay telephones shall be prohibited and interior public pay phones shall be programmed to prevent incoming calls. FEES (2) 6.1 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 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. ATTACHMENT B Planning Commission Resolution No. 4062 RESOLUTION NO. 4062 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 07-010 AUTHORIZING THE ESTABLISHMENT OF A THIRTY (30) LANE BOWLING ALLEY WITH A RESTAURANT AND ARCADE IN AN EXISTING 28,000 SQUARE FOOT TENANT SPACE LOCATED AT 2405 PARK AVENUE AT THE DISTRICT. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. A proper application for Conditional Use Permit 07-010 was filed by Doug Steves of Permit Place, Inc. on behalf of Strike Holdings, LLC. to request authorization to establish a thirty (30) lane bowling alley with a restaurant and arcade at the District within the MCAS Tustin Specific Plan (SP -1) Planning Area 19 zoning district and the MCAS Tustin Specific Plan General Plan Land Use Designation. B. That a public hearing was duly called, noticed, and held for Conditional Use Permit 07-010 on August 14, 2007, by the Planning Commission. C. 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. Planning Area 19 of the MCAS Tustin Specific Plan accommodates a variety of commercial uses and allows for commercial recreational facilities such as bowling alleys and arcades upon approval of a Conditional Use Permit. In addition, the project has been reviewed and determined to be consistent with the Air Quality Sub -element of the City of Tustin General Plan. 2. The proposed bowling alley, arcade, and restaurant would not be detrimental to surrounding properties in that the hours of operation, number of customers and type of operation are consistent with other businesses within the District shopping center. All operations will be conducted inside the building. 3. The proposed use has been accounted for in an approved Parking Analysis for the District shopping center. Resolution 4062 CUP 07-010 Page 2 4. As conditioned, Conditional Use Permit 07-010 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 07-010 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. 5. The implementation/application of the proposed conditions would ensure compatibility of the proposed bowling alley business use with the surrounding uses and the Tustin City Code. D. 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 07-010 authorizing the establishment of a thirty (30) lane bowling alley with a 1,310 square foot restaurant and 1,380 square foot video arcade located in an existing 28,000 square foot tenant space at 2405 Park Avenue at the District subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 14th day of August, 2007. BRETT FLOYD Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution 4062 CUP 07-010 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. 4062 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of August, 2007. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4062 CONDITIONAL USE PERMIT 07-010 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped August 14, 2007, 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. (1) 1.2 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. (1) 1.3 All conditions in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 07-010 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. (1) 1.5 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. (1) 1.6 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. (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *` EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Resolution 4062 CUP 07-010 Page 2 (1) 1.7 As a condition of approval of Conditional Use Permit 07-010, 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. (***) 1.8 Conditional Use Permit 07-010 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with conditions of approval included in Exhibit A of Resolution No. 4062, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.9 No change or alteration of the tenant space shall occur without prior approval of the Community Development Director. Modifications to the floor area including removal of fixed seats, services, and/or operation of the business may require consideration of a new Conditional Use Permit. BUILDING DIVISION (3) 2.1 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. (1) 2.2 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. Two (2) copies of structural calculations. (if applicable) Exhibit A Resolution 4062 CUP 07-010 Page 3 (3) 2.3 The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2001 California Plumbing Code Chapter four (4) Table 4-1 as per type of group occupancy, or as approved by the Building Official. (1) 2.4 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. (1) 2.5 The applicant shall comply with the City of Tustin Noise Ordinance to limit all interior and exterior noise levels to the established standards (5) 2.6 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. (5) 2.7 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) (5) 2.8 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 PUBLIC WORKS DEPARTMENT (1) 3.1 Commercial Recycling: a. Pursuant to City Code Section 9275, The Applicant, Property Owner, and/or tenant(s) are required to participate in the City's recycling program. b. Prior to issuance of a Building Permit, a solid waste recycling plan shall be submitted and approved by the City of Tustin Public Works Department. The plan shall contain the following information: i. The total quantity (lbs. or tons) of waste material to be generated by the proposed development use(s). Exhibit A Resolution 4062 CUP 07-010 Page 4 ii. The types of waste materials likely to be generated by the proposed use(s). iii. The proposed method of recycling, including material types and quantities. iv. Identify any outside recycling equipment or services, other than the City franchise hauler, proposed to service the development. v. Identify any special waste materials (cooking oils, hazardous materials, lumber, etc.) which require special handling. vi. Identify the types and number of collection receptacles to be utilized and the proposed frequency of collection. vii. Demonstrate that waste and recycling collection locations are clearly identified and are equally and readily accessible by property owners and tenants viii. Demonstrate that waste collection locations can be readily accessed by waste and recycling collection vehicles. (1) 3.2 This Development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State and Regional Water Quality Control Board rules and regulations ORANGE COUNTY FIRE AUTHORITY (1) 4.1 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. (1) 4.2 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 (1) 5.1 The bowling alley will be part of a pedestrian and entertainment oriented lifestyle center. The bowling alley will be available for all ages. No sexually oriented business may be established in conjunction with, or in lieu of, the bowling alley at the subject location. Exhibit A Resolution 4062 CUP 07-010 Page 5 (1) 5.2 The operating hours shall begin no earlier than 10:00 a.m. and close no later than 2:00 a.m., seven days a week. (1) 5.3 Outside address speakers, telephone bells, buzzers, and other similar devices, which are audible from adjoining properties, shall be prohibited. All requirements of the City's Noise Ordinance shall be met at all times. (1) 5.4 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. (1) 5.5 The applicant shall utilize Best Available Control Technology on all cooking and exhaust equipment in accordance with Air Quality Management District (AQMD) standards due to the property's proximity to residential properties. (1) 5.6 Exterior public pay telephones shall be prohibited and interior public pay phones shall be programmed to prevent incoming calls. (1) 5.7 "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. (1) 5.8 Approval of the subject business is contingent upon the business remaining as a bona fide restaurant or eating establishment. A bona fide restaurant or eating establishment is defined as a retail establishment that sells food and beverages prepared on-site, where customers are served for on-site consumption during the posted business hours. The business shall comply with all regulations set forth by the Department of Alcohol Beverage Control. (7) 5.9 Audited financial statements and schedules separately identifying gross sales of food and gross sales of alcohol may be required by the Community Development Director for annual review. The gross receipts of food sales must exceed the gross receipts of alcohol sales. If gross receipts of alcohol exceed food sales, the Community Development Director may initiate proceedings to revoke the Conditional Use Permit. (7) 5.10 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) 5.11 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a nuisance or detrimental condition exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require the applicant to modify said operations and provide mitigation measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Exhibit A Resolution 4062 CUP 07-010 Page 6 Department. Said mitigation measures may include, but are not limited to, the following: (a) Adjust hours of operation. (b) Reduce or increase the number of seats. (c) Require additional on-site security personnel. (7) 5.12 There shall be no age restrictions which could constitute a nightclub type attraction. (*) 5.13 The applicant/business owner shall not require an admittance fee, cover charge, or similar charge nor shall customers/patrons be required to purchase a minimum number of drinks to enter any area of the facility or to enter or remain inside the building. (*) 5.14 There shall be no special events sponsored by or involving an outside promoter or any other person other than the applicant. The building may not be sublet to a separate business or promoter or person other than the applicant. No events shall be promoted to or attended primarily by patrons less than 21 years of age. Special events and/or promotions in which the applicant can request to operate outside the stipulated conditions of approval contained herein (i.e. New Year's Eve Party, Valentine's, etc.) shall be subject to prior approval of the Community Development Director. FEES (2) 6.1 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 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.