Loading...
HomeMy WebLinkAboutPC RES 4062RESOLUTION 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 September 11, 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. 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). The Planning Commission hereby approves Conditional Use Permit 07-010 authorizing the establishment of a bowling alley, restaurant and 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 and in substantial conformance with the submitted approved plans. PASSED AND ADOPTED by the Planning Commission of the C~ty of Tustin, at a regular meeting on the 11th day of September, 2007. ~1 John[~fielsen Ci~Iz~Z4~ 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 Commission Secretary of the City of Tustin, California; that Resolution was duly passed and adopted at a regular meeting of the Tustin Commission, held on the 11th day of September, 2007. ELIZABETH A. BINSACK Planning Commission Secretary Planning No. 4062 Planning 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 September 11, 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 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. 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) 1.6 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. (~~~) 1.7 This Conditional Use Permit may be reviewed annually or more often, if deemed necessary by the Community Development Director on the Community Development Director's own initiative or in consultation with the Police Chief or the Director of Public Works, to ensure compatibility with the area and compliance with the conditions of approval contained in this Resolution and related Exhibits ("conditions of approval"). If the Community Development Director, either on the Director's own initiative or after consulting with the Police Chief and/or the Director of Public Works, determines that there is evidence that the use is being operated in a manner inconsistent with the conditions of approval or is creating a nuisance or otherwise negatively or detrimentally affecting nearby tenants or the neighborhood, the Community Development Director shall set the matter for hearing before the Planning Commission and the City Council as provided under Tustin City Code Section 9293. At the conclusion of such hearing, the City Council after making the finding specified in Tustin City Code Section 9293(c)(1), as may be amended from time to time, may either revoke the permit or impose additional conditions as the City Council may reasonably determine necessary or convenient to eliminate any nuisance or minimize any negative impacts. (1) 1.8 No change or alteration of the tenant space shall substantially occur from the approved plans dated September 11, 2007, or the original spirit and intent of this approval 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. Exhibit A Resolution 4062 CUP 07-010 Page 3 (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. o 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. (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 if required by the Community Development Department. (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 Exhibit A Resolution 4062 CUP 07-010 Page 4 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 (Ibs. 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. (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. Exhibit A Resolution 4062 CUP 07-010 Page 5 (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. No sexually oriented business may be established in conjunction with, or in lieu of, the bowling alley, restaurant and arcade. (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 A third party review of the 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. Exhibit A Resolution 4062 CUP 07-010 Page 6 (7) 5.10 Business operations shall be conducted in a reasonable manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. (*) 5.11 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. 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.