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HomeMy WebLinkAboutZA REPORT FOR TEMP HAUNTED HOUSEAGENDA REPORT y MEETING DATE: JUNE 20, 2016 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2016-09 APPLICANT: HEATHER LUTHER MANIC MIND PRODUCTIONS, LLC 360 E. 1 ST STREET, #667 TUSTIN, CA 92780 LOCATION: 2856 EL CAMINO REAL PROPERTY OWNER: IRVINE COMPANY RETAIL PROPERTIES ATTN: KAROL H. REEDY 100 INNOVATION IRVINE, CA 92617 GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS ZONING: PLANNED COMMUNITY MIXED USE (PCMU) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: TO REESTABLISH A TEMPORARY HAUNTED HOUSE USE WITHIN AN EXISTING 15.694 SQUARE -FOOT TENANT SPACE IN THE TUSTIN MARKET PLACE Zoning Administrator June 20, 2010 CUP 2016-09 Page 2 RECOMMENDATION: That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 16-003 approving Conditional Use Permit (CUP) 2016-09 authorizing reestablishment of a temporary haunted house use within an existing 15,694 square -foot tenant space located at 2856 EI Camino Real. APPROVAL AUTHORITY: The project site is located within the Planned Community Mixed Use (PCMU) zoning district and within the East Tustin Specific Plan (ETSP). The ETSP permits commercial recreation facilities including bowling, ice skating and similar uses subject to the approval of a CUP. Tustin City Code Section 9299b(3)(f) authorizes the Zoning Administrator to review applications for minor CUPs for existing developments where there would be no change of primary use, there would be no expansion of floor area, and the request would not alter the original intent of the project or site. BACKGROUND: Location The project site is located within the Tustin Market Place shopping center and bounded by the Santa Ana (1-5) Freeway to the southwest, Jamboree Road to the southeast, Bryan Avenue to the northeast, and Myford Road and the EI Modena — Irvine Channel to the northwest (Attachment A — Location Map). The tenant space is located in the southwest area of the Tustin Market Place and is currently vacant. Adjacent tenants in the building include Ortho Mattress to the south and Party City to the north. Figure 1: Project Aerial Zoning Administrator June 20, 2016 CIDP 2016-09 Page 3 Surrounding Properties Properties adjacent to the Tustin Market Place are commercial in nature with the exception of residential properties located to the northeast of the center across Bryan Avenue. The proposed tenant space is located in the southwest comer the shopping center, near the 1-5 Freeway and the El Modena — Irvine Channel (Figure 1). Prior Establishment of Use On July 6, 2015, the Zoning Administrator adopted ZAA No. 15-007 approving CUP 2015- 07 authorizing a temporary haunted house use within an existing 15,694 square -foot tenant space located at 2856 EI Camino Real. Following the approval of CUP 2015-07 authorizing :operation for the 2015 Halloween season, City Staff and the Tustin Police Department (TPD) identified concerns relating to the use of replica firearms within one of. the "experience" rooms. In this room, the scene simulated a highly realistic shooting scenario that could have resulted in the compromised safety of the actor within the room. For this reason, staff recommends the inclusion of Condition 2.9 requiring the review and approval of the use or display of firearms, or similar weapons of a violent nature, by the City of Tustin prior to commencement of business operations. Applicant was approved to operate a temporary haunted house use from September 29, 2015 through November 1, 2015 with removal of the maze and restoration of the tenant space to be completed no later than November 15, 2015. PROJECT DESCRIPTION: The applicant is proposing to reestablish and operate a temporary haunted house use to coincide with Halloween and the time leading up to Halloween. The proposed use includes areas for storage, queuing, a modular 5,362 square foot maze, and ticket and merchandise sales within the existing tenant space (Attachment C). Tickets will be sold for specified time slots through the internet and at the subject tenant space. The proposed maze includes seventeen (17) "experience rooms" and nineteen (19) "transition rooms" that will be decorated in scary themes, as fitting for a haunted house attraction (Figure 2). The rooms will have automatic doors that will open on set timers, and a green 'light will signal patrons to move into the next room. Patrons will be separated into groups of no more than eight (8) people and given information and instructions about the automatic doors, how and when to proceed to the next room, and haunted house rules. These groups will move through the maze together. The applicant willhave trained employees (actors) throughout the haunted house to assist in advancing the groups into the next rooms and these actors will be part of the "scare" experience. In addition, other employees will have flashlights and be positioned throughout the haunted house to assist individuals who wish to exit the haunted house early if they become too scared to continue the maze. According to the applicant, there will be approximately thirty-eight (38) personnel at any given time, including staff, actors and security. The applicant is expecting a maximum Zorbng Administrator June 20, 2016 CUP 2016-09 Page 4 of 152 patrons within the maze and approximately sixty-one (61) patrons waiting in the queue at any given time. The applicant proposes the following setup and operations schedule: • Setup: August 1 — September 23, 2016 • Haunted House Operation: September 23, 2015 — October 31, 2016 • Vacate Lease Space: November 14, 2016 The applicant indicates that the last day of operation will be October 31, 2016, after which the maze will be removed and the applicant will vacate the tenant space on or before November 14, 2016. 1 PROROSEJ) 'EEM RARv -�r I •MAzr FL "LAN - SCALE Y»'- l' jM ..=.:4 'IAAM "A fL ter. wr.�w 7y _" r !151M ..,.... 04LLktia Figure 2: Proposed Floor Plan •i AIF, J'1M�� I A-3 Zoning Administrator June 20, 2016 CUP 2016-09 Page 5 DISCUSSION; Proposed Flan The proposed maze would be constructed entirely within the existing tenant space and meander through the space in a roughly W" shaped path. The areas immediately outside the maze are designated as employee areas. Figure 2 shows the proposed floor plan where the light red color is the maze, the blue area is the queuing area, the green area is for ticket sales and the yellow area is for merchandise sales and the main entry and exit for the tenant space. The applicant is proposing to assemble and install modular panels that are four (4) feet wide and eight (8) feet high and the maze assembly is generally free standing. Figure 3 provides details on the proposed panels and shows that the panels are simple assemblies of plywood sheets on wood frames. Notwithstanding, the Building Division has reviewed the proposed project and will conduct a thorough plan check review for the proposed maze partitions in regards to Building Code requirements for Special Amusement uses. CONSTRUCTION / ASSEMBLY DETAILS a rv' •yrM.�r".'rr� :"rte :, it . rear.. •� ' fM. d wH .xn M Mvr Ihbrar � il.r.Mrr r br'rl rw u.flwy rnr.H r.Yb ry. —. LW ,.as a..w. waa.n �t w11Mbi• MwM.4MY LW a —err b—r —r'.r rw Hakinled Kuume'U we* RwN be WnsbL :trJ e,+1 a"wnbled In , I wdenON WHh OringO COUnty FW0 Aut 0ft'f 'T*mw*ry Haunted MoAb' r.weline, R -W EM+rWd GlWo m dated 1w r( n+ L U ROW }0180 r �.a 'r. It '...�� 9 rY -q *0 IeD` .IrIW1.I R.wrMw +0 P R I— rf M awm W pw" No n.rMrRr..r •: W W+.r.Npw 4.40 M tir..W Yrr".` We"nNO Y Rrb� I" a. rer+M. .w. WWO ' IM qWM epM 1.tr .r M .II.Mr b w'a •. nw..r rMnr. l bltb jCif g6FRl l•161 046ftm Figure 3: Maze Panels rr.rr+ rw •' MW°ea N wl mgyww1 r'w a am 404 M 0" 17' �1 rabrubra 1`wd 11r%ft ua M MidiOwl ar .le+re4t w r'd Iran Mw •em.n F wNew" Zoning Administrator June 20, 2016 CUP 2016-09 Page 6 Conditional Use Permit The proposed temporary haunted house use is considered a commercial recreational land use, similar to a bowling alley or an ice skating rink, and is a conditionally permitted use within the PCMU designation in the ETSP. The proposed use will cater to customers who enjoy Halloween type events, which have become more popular in recent years. Larger theme parks like Knott's Berry Farm, Universal Studios and Six Flags Magic Mountain have hosted Halloween themed mazes where attendants experience staged scenes of ghosts, zombies, aliens, etc. with actors and theatrical audio, visual and lighting effects that give attendants the thrill of being scared in a make-believe setting. The applicant is proposing to provide a similar experience to their customers. As proposed, attendance volume will be regulated through ticket sales where only time - slotted tickets are available. The applicant has indicated that all activities would occur indoors at the facility and impacts to the surrounding businesses are expected to be minimal. Patrons will be given instructions and house rules when they enter the first room in the maze. Patrons will see actors and theatrical effects that are designed to scare them and the last room will be an exit room with decoration but no actors. The proposed operations, with its time -slotted tickets and grouping people together, controls the volume and flow of people in the haunted house, taking into account the need to manage large amounts of people. The Orange County Fire Authority (OCFA) has reviewed the proposed CUP and is requiring the applicant to submit applications for a Temporary Haunted House permit. The project site is approximately 2,000 feet from the nearest residential uses. Due to the distance from existing residences and the fact that the temporary haunted house use will occur inside the building, no impacts to the existing residential uses are anticipated. Hours of Operation The applicant proposes the following business hours: Day Oen Close Last Ticket Sold Sunda — Thursday 6:00 PM 12:30 AM 11:00 PM Friday — Saturday 6:00 PM 1:30 AM 12:00 AM (midnight) Friday, October 30th Saturday, October 31St 5:00 PM 1:30 AM 12:00 AM (midnight) The proposed business hours are generally compatible with the adjacent retail services in that the adjacent businesses close between 8:00 PM and 9:00 PM, and therefore the haunted house activities will primarily occur after the neighboring businesses have closed for the day. Zoning Administrator June 20, 2016 CUP 2016-09 Page 7 In addition, there are service businesses in the center, such as restaurants, that may benefit from the haunted house use in that attendants might cluster their activities and enjoy a meal and Halloween entertainment all within the Tustin Market Place. Noise The proposed use will involve theatrical effects including noise and loud sounds. The applicant will incorporate separate audio systems for each experience room, which allows the sound volume to be controlled independent of other rooms. In addition, the speakers will be positioned to direct sound downward into the room. As conditioned,, the applicant shall install any necessary sound attenuation material to minimize noise and/or vibration impacts to the adjacent tenants. Safety Haunted house maze uses bring about safety concerns, especially regarding emergency egress and having adequate policies, procedures and training that comply with safety requirements. The applicant has indicated that an emergency plan that complies with the OCFA Guidelines for Temporary Haunted Houses will be in place and staff will be trained accordingly. As part of the permitting process through OCFA, OCFA will review the plan and conduct operation audits to ensure that the applicant is in compliance with safety requirements. The TPD has reviewed the proposed use and as conditioned, the applicant will be required to provide four (4) security guards during -business hours after 8:00 PM as a measure to be prepared during the later evening hours. Parking The Tustin Market Place is categorized as a District Commercial Shopping Center and has an off-street parking requirement of one (1) parking stall for every 222 square feet of gross floor area. Based on this parking ratio, the entire Tustin Market Place requires a total of 3,327 parking stalls and is providing 4,027 parking stalls. No parking impacts are anticipated to result from the proposed use as there is a surplus, of 699 parking stalls. Nonetheless, should a parking issue arise proposed Condition 1.8 would allow for reevaluation of the business and CUP. FINDINGS: In determining whether to approve the CUP for the temporary haunted house, the Zoning Administrator must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, ,or general welfare of the persons residing or working in the neighborhood, 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. A decision to approve this request may be supported by the following findings: 1) Commercial recreation facilities including bowling, ice skating and similar uses are conditionally permitted within the ETSP and the proposed temporary haunted house is similar to said uses. Zoning Administrator June 20, 2016 CUP 2016-09 Page 8 2) All activities would occur entirely within the building. 3) As conditioned, adequate security personnel will be present during business hours. 4) As conditioned, appropriate emergency procedures will be in place and trained personnel will be present during business hours to effectively respond to emergency situations. 5) Parking for the proposed use can be accommodated as there is. a surplus of 699 parking stalls in the Tustin Market Place shopping center. 6) The proposed hours of operation are compatible with other uses within the Tustin Market Place shopping center. 7) As conditioned, CUP 2016-09 may be reviewed as needed, by the Community Development Director. If the use is not operated in accordance with CUP 2016-09 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 CUP. 8) As conditioned, the use or display of genuine or replica firearms, or similar weapons of a violent nature, in conjunction with the proposed use shall be subject to review and approval by the City of Tustin prior to commencement of business operations. 9) The TPD has reviewed the application and, as conditioned, has no immediate concems. Staff recommends that that the Zoning Administrator adopt ZAA No. 16-003 approving CUP 2016-09 to establish and operate a temporary haunted house use within an existing 15,694 square foot tenant space located at 2856 EI Camino Real in the Tustin Market Place shopping center. Samantha Beier Assistant Planner Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. ZAA 16-003 ATTACHMENT A Location Map 44, LOCATION MAP CUP 2016-09 2856 EL CAMINO REAL TUSTIN MARKET PLACE . '14 � 1 1 0 Tlo, ti PROJECT SITE *) y ss r p 44, LOCATION MAP CUP 2016-09 2856 EL CAMINO REAL TUSTIN MARKET PLACE . '14 � 1 1 0 Tlo, ti PROJECT SITE ATTACHMENT B Land Use Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 2016-09 2. LOCATION: TUSTIN MARKET PLACE 3. ADDRESS: 2856 EL CAMINO REAL 4. APN(S): 500-291-02 5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: CUP 2015-07 6. SURROUNDING LAND USES: NORTH: RESIDENTIAL SOUTH: OFFICE/INDUSTRIAL EAST: COMMERCIAL WEST: COMMERCIAL 7. SURROUNDING ZONING DESIGNATION: NORTH: PCR - PLANNED COMMUNITY RESIDENTIAL SOUTH: PC IND - PLANNED COMMUNITY INDUSTRIAL/CITY OF IRVINE EAST: CITY OF IRVINE - COMMERCIAL USES WEST: PC COM - PLANNED COMMUNITY COMMERCIAL 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PC RESIDENTIAL SOUTH: PC COMMERCIAL/BUSINESS EAST: CITY OF IRVINE - COMMERCIAL WEST: PC COMMERCIAUBUS[NESS 9. SITE LAND USE: A. EXISTING: COMMERCIAL B. PROPOSED: COMMERCIAL C. GENERAL PLAN: PC COMMERCIAL/BUSINESS D. ZONING: PCMU -- MIXED USE PROPOSED GP: SAME PROPOSED ZONING: SAME DEVELOPMENT FACTS: 10. LOT AREA: 78 ACRES APPROX. 11. TENANT SPACE: 15.694 S.F. 12. PARKING: 3.328 REQUIRED STALLS 4.027 PROVIDED STALLS 13. 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N�8 v pEi ee $eat s r m ESSE; "¢g a a e 3 a 'a6a8 E u Q 091 m In Manic Mind Productions Heather Luther Heatherlutherl4@gmail.com (949) 235-8809 Dates of Importance Possession of retail location: August 1st Setup: August 1st - September 23rd Haunted House total operating days: 21-22 Operating Dates: September 23rd — October 31st Shutdown and end of possession: November 14th Operations: bpm - 12:30am Sunday through Thursday - last ticket sold byl 1pm bpm - 1:30am Fridays & Saturdays - last ticket sold by 12am bpm - 1:30am Sunday, October 30th & Monday, October 31st Closed most Mondays and Tuesdays — open Monday, October 31 Tickets will be sold online as well as on site. Online presale of time slotted tickets will limit line length and ease crowds/parking. Tickets sold onsite will also be time slotted tickets and will have a limited quantity available per time slot. Independent security company will be used. 4 security guards guaranteed after Bpm Portable restrooms will be provided for the attendants. Format: Attendants will move through the haunted house in limited groups of no more than eight (8) people. Each group will move together through a total of 17 room experiences as well as an introduction room where attendants are instructed how to move through the "maze". The 17 experience rooms are a timed 1 minute experience. In between each room experience is a "transition" room where the group will wait to enter the next experience. These transition rooms are used to control the flow of groups and to make sure groups do not merge with other groups. The groups will spend approximately 30 seconds moving through the transition rooms. Doors will automatically open and a green light will turn on when it is time for each group to advance to the next room. There will be several actors throughout the house who will be trained to assist in advancing the groups as part of their j ob duties. There will also be some "blackout" actors (dressed in black) who will have flashlights and be positioned throughout the house, as well as inside of the employee walkways, who will assist in escorting any attendants, who wish to exit the house if they are too scared, to the designated exits. There is a safe word for people who want to exit early. We will be able to control the number of people inside the haunted house because the next group will not be allowed to enter the attraction until the last group exits. We will monitor the number of people in the queue line with post and rope stanchions. Max capacity: 190 people inside house (including actors inside of the haunted house rooms and employee walkways) 61 people in queue line (which is held inside of the tenant space but not part of the haunted house) 15 staff outside of house (ticket booth, queue line, merchandise, etc.) 266 total people inside entire tenant space at any given time Estimated attendance of 900 people per weekend night Estimated expected attendance for 2016 season: 20,000 persons Parking requirements, including customers and employees: 108 spaces Staff/actors/security working on site: max 38 Emergency Procedures: All emergency procedures outlined in the Orange County Fire Authority's "Temporary Haunted Houses" guide will be followed. Refer to guide attached. Misc: Recommended age: 16 years or older Emergency ceiling lighting throughout space automatically comes on with alarm. Existing ceiling lights in the form of fluorescent and track lighting, will be turned on by trained emergency staff in the event of an emergency. Interior of haunted house will be lit with LED and incandescent small modular light fixtures. �Lo co V NI— O) C (00 a) l(( O v) O W co v) O co N N _ a C E (0 O N (0 a) E N N W a a N � CN CN `E E CC\l 0 E E Lo O o (n a) v v O Q E (J N W a) � O N D C a r W C a LO l0 C U) m a) C O Q y C U W a O a s 0) o a U (00 (00 Y _ U N d> N (D CO a U o L a L U L _ p O a 0 Z O O L O Q O O Y a) z(n a O 0 a O N a a d C m ma v 0 v co � m a C N h N O N CO O (h ch W N m C N N N N N Y N N N N N (0 a' O O ON N r N r N N h O �_ (O (O V N O N (O O O N O CO O V ch N V U) LL (h N C .-. 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The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2016-09 was filed by Heather Luther of Manic Mind Productions, LLC., requesting approval for a temporary haunted house use within an existing 15,694 square -foot tenant space located at 2856 EI Camino Real. B. That the property is zoned Planned Community Mixed (PCMU) in the East Tustin Specific Plan (ETSP) and has a General Plan Land Use designation of Planned Community Commercial/Business, which provides for a variety of retail and service commercial uses including commercial recreation uses. The project is consistent with the Air Quality Sub -element of the City of Tustin General Plan. C. That in accordance with TCC Section 9299b(3)(f), the Zoning Administrator is authorized to consider minor conditional use permits for existing development where there would be no change of primary use, there would be no expansion of floor area, and the request would not alter the original intent of the project or site. D. That a public hearing was duly called, noticed, and held for CUP 2016-09 on June 20, 2016, by the Zoning Administrator. E. That the establishment, maintenance, and operation of the proposed fitness center will not, under thecircumstances 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 a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: 1. Commercial recreation facilities including bowling, ice skating and similar uses are conditionally permitted within the East Tustin Specific Plan and the proposed temporary haunted house is similar to said uses. 2. All activities would occur entirely within the building. 3. As conditioned, adequate security personnel will be present during business hours. 4. As conditioned, appropriate emergency procedures will be in place and trained personnel will be present during business hours to effectively respond to emergency situations. Zoning Administrator Action 16-003 CUP 2016-09 Page 2 5. Parking for the proposed use can be accommodated as there is a surplus of 699 parking stalls in the Tustin Market Place shopping center. 6. The proposed hours of operation are compatible with other uses within the Tustin Market Place shopping center. 7. As conditioned, Conditional Use Permit 2016-09 may be reviewed as needed; by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 2016-09 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. 8. As conditioned, the use or display of genuine or replica firearms, or similar weapons of a violent nature, in conjunction with the proposed use shall be subject to review and. approval by the City of Tustin prior to commencement of business operations. 9. The Tustin Police Department has reviewed the application and, as conditioned, has no immediate concerns. F. 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 2016-09, authorizing a temporary haunted house use to be established within an existing tenant space located at 2856 EI Camino Real., 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 20th day of June, 2016. ELIZABETH A. BINSACK ZONING ADMINISTRATOR VERA TISCARENO RECORDING SECRETARY Zoning Administrator Action 16-003 CUP 2016-09 Page 3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Vera Tiscareno, the undersigned, hereby certify that 1 am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 16-003 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 20th day of June, 2016. VERA TISCARENO RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 16-003 CONDITIONAL USE PERMIT 2016-09 2856 EL CAMINO REAL GENERAL (1) 1.1 The proposed use shall substantially conform to. the project description and submitted plans for the project date stamped June 20, 2016, on file with the Community Development Department, except 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 minor modifications during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (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 and associated fee are received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Unless otherwise specified, the conditions contained 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 2016-09 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 "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 As a condition of approval of Conditional Use Permit 2016-09, the applicant and property owner 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 SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY.REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Zoning Administrator Action 16-003 CUP 2016-09 — Exhibit A June 20, 2016 Page 2 body, including staff, conceming this project. The City agrees to promptly notify the applicant and/or property owner 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) 1.6 Any violation of any of the conditions imposed is subject .to issuance of an Administrative Citation pursuant -to Tustin City Code Section 1162(a). (1) 1.7 The applicant and/or property owner shall be responsible for costs associated with any necessary code enforcement action, including attomey's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.8 Conditional Use Permit 2016-09 may be reviewed at any time by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 2016-09, 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. USE RESTRICTIONS (5) 2.1 All activities shall be located within the enclosed building. No congregation and/or loitering in the parking area or walkways are allowed in association with the use. (1) 2.2 All activities shall comply with the City's Noise Ordinance. The applicant and/or property owner shall install, asnecessary, interior sound attenuation material to minimize noise anal/or vibration impacts on adjacent tenants. (1) 2.3 No outdoor storage shall be permitted except as approved by the Community Development Director. (5) 2.4 If in the future the City determines that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis, traffic study, or noise analysis and the applicant and/or property owner shall bear all associated costs. If said study indicates that there is inadequate Zoning. Administrator Action 16-003 CUP 2016-09 — Exhibit A June 20, 2016 Page 3 parking or a traffic or noise problem, the applicant and/or property owner shall be required to provide mitigation measures to be reviewed, and approved by the Community Development Department and/or Public Works Department. Said mitigation may include, but are not limited to, the following: a. Establish alternative hours of operation. b. Reduce the number of persons allowed in the facility at any given time. c. Provide additional parking. d. Install additional sound attenuation material. (1) 2.5 Prior to operating the temporary haunted house use, the applicant shall obtain a valid Tustin Business License. (5) 2.6 The business hours closing time shall be no later than as follows: Sunday to Thursday —12:30 AM Friday and Saturday -- 1:30 AM *** 2.7 The applicant and/or the property owner shall provide at least two (2) dedicated security personnel during business hours. In addition, the applicant and/or property owner shall provide at least four (4) dedicated, onsite security personnel during business operations occurring after 8:00 P.M. (1) 2.8 The applicant and/or property owner shall be responsible for any costs associated with having the Tustin Police Department provide security services for the proposed use. *** 2.9 Use or display of genuine or replica firearms, or similar weapons of a violent nature, in conjunction with the proposed use shall be subject to review and approval by the City of Tustin prior to commencement of business operations. *** 2.10 All media and related materials used to advertise the proposed business/use shall be subject to review and approval by the property owner. Property owner shall provide written authorization to the City to demonstrate approval of the proposed advertisement material(s) prior to distribution. *** 2.11 The temporary haunted house use shall cease operating by November 1, 2016. Zoning Administrator Action 16-003 CUP 2016-09 — Exhibit A June 20, 2016 Page 4 PLAN SUBMITTAL (1), 3.1 The applicant shall submit an application and plans for a building permit (5) for the temporary Special Amusement use of the vacant tenant space. The applications, plans, details, specifications and fees shall be submitted to the Building Division. Plans, details and specifications shall include information regarding electrical, plumbing and mechanical systems that exist, exists but will be modified, and new construction. (1) 3.2 All event attendees shall have access to restroom facilities in the existing buildings or provide temporary restrooms at a rate of 1 per 100 males and 1 per 50 females. As proposed, applicant shall provide three (3) male and six (6) female restroom facilities with at least one (1) of these facilities meeting accessibility standards. Additional six (6) hand wash facilities shall be provided with at least one (1) of these hand wash facilities meeting accessibility standards. *** 3.3 The applicant shall submit construction documents at least thirty (30) days prior to the anticipated construction start date. *** 3.4 The tenant space shall be returned to its pre -event condition within two (2) weeks of the end of the temporary haunted house operations. All construction shall be removed and recycled in accordance with the Tustin Waste Reduction and Recycling Plan (WRRP). (5) 3.5 Prior to building permit issuance, a construction bond may be required to ensure that the tenant space is returned to its pre -event condition. The bond amount will be determined by the Building Official. (1) 3.6 A valid sign permit shall be applied for and issued prior to installing any permanent or temporary signs related to the temporary haunted house use. ORANGE COUNTY FIRE AUTHORITY (5) 4.1 Prior to operating the temporary haunted house, the applicant shall submit an application to and obtain approval from the Orange County Fire Authority (OCFA) for the proposed temporary haunted house use. The applicant shall provide a copy of OCFA approval to the City. (5) 4.2 The applicant and/or property owner shall develop and implement a comprehensive emergency procedure plan in conformance with OCFA Guidelines for Temporary Haunted Houses. Zoning Administrator Action 16-003 CUP 2016-09 — Exhibit A June 20, 2016 Page 5 FEES (1), 5.1 Prior to issuance of any permits, payment shall be made of all (5) applicable fees, including but not limited to, the following: • Building and Planning plan check and permit fees • OCFA permit fees (1) 5.2 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.