Loading...
HomeMy WebLinkAbout01 CUP 2019-00010 ESCAPE ROOM AGENDA REPORT IT E M ii I Tw MEETING DATE: JULY 30, 2019 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2019-00010 APPLICANT: PROPERTY OWNER: JESSICA TRONT PLAZA LAFAYETTE INVESTORS ESCAPEMENT ROOMS, LLC C/O REMARC MANAGEMENT, INC. 13621 BELLE RIVE 24800 CHRISANTA DRIVE, SUITE 130 SANTA ANA, CA 92705 MISSION VIEJO, CA 92691 LOCATION: 13031 NEWPORT AVENUE #202 GENERAL PLAN: COMMUNITY COMMERCIAL (CC) ZONING: CENTRAL COMMERCIAL (C2) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO ESTABLISH AND OPERATE AN INDOOR AMUSEMENT RESORT, KNOWN AS AN "ESCAPE ROOM". :i Ai 1 1 1 f� QANC 4 tll;Q NqA � Zoning Administrator July 30, 2019 Conditional Use Permit 2019-00010 Page 2 RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 19-006 approving Conditional Use Permit (CUP) 2019-00010 to operate an indoor amusement resort, known as an "escape room", within an existing 1,540-square-foot tenant space located at 13031 Newport Avenue #202, in Plaza Lafayette shopping center. APPROVAL AUTHORITY An amusement resort is conditionally permitted pursuant to Tustin City Code (TCC) Section 9233b1, Certain CUP requests as stated in TCC Section 9299b(3)(f), including Minor CUPs for existing development where there would be no change of primary use, no expansion of floor area and the request would not alter the original intent of the project or site shall be considered by the Zoning Administrator. BACKGROUND Site and Surrounding Properties The project site is located in an existing large commercial/retail development located at Newport Avenue and Irvine Boulevard, also known as Plaza Lafayette (See Site Map, Figure 1). The property is zoned Central Commercial (C2) and is subject to the development standards contained within the C2 zone within the TCC. In addition, the property is designated as Community Commercial (CC) within the General Plan Land Use Map. u 13031 Newport 1` Avenue#202 Q. AW 1n `lT rTw w s a li i s: P r _ Yq •9 p �1 Figure 1- Site Map Zoning Administrator July 30, 2019 Conditional Use Permit 2019-00010 Page 3 Plaza Lafayette is bounded by Newport Avenue to the east, Irvine Boulevard to the south, a retail and office complex to the west, and an apartment complex located outside of the City boundary to the north. DISCUSSION Project Description The applicant has applied for an approval to operate an indoor amusement resort, known as an "escape room". The facility will include two (2) escape rooms, a reception lobby, a restroom, and a game master room. No changes to the exterior of the building are proposed. The site is currently improved with a retail/commercial center consisting of four (4) separate buildings. The proposed tenant space is located immediately above the Banc of California toward the center of Plaza Lafayette. The second floor currently contains 4,100 square feet and has been subdivided into two (2) tenant spaces through tenant improvements by the property owner. The applicant's space in Suite #202 consists of 1,540 square feet (See Proposed Floor Plan, Figure 2). NOW , a-. Entranpe N oabp+n I o1 slMs.M1ov!. Escape Room 01 f 1 .—•--.._. ll u Room 1 of 1 I I I Itt'ff r 11't'I a2 t 8 1' mom I Recepbon,Lobby IIg�x11: i 9" _ Escape Room X1 11 1• Room 2 of 2 6.4 110 e'x 15 1r s— R-6 9'7 2 „e !T 75" Tach RoomI 2 d 3Game!Arita,Room e --4 9' 17'10',9 7 E_"R_412 �g•r. Room 3&3 15'10" r8'6"'I (a'rxe'9') J 111 J 2 1 r —LaddW r Rad A e 4 Escape Room lag n (.0 be xx*Ad1 Room 1 of 3 r� P 14'r.4o'l N 2 0 r r hwp ead Room J�01' � (5'0'r 53"I I I Legend 1 RAdress' A'0' e�--- Neal N-al 13031 N*, .Ave K:Z 1 l RESTA'O�la Tustin G.W740 a�—Rapaca Exlsleq 2rxl FWd'1.310 pume!earl GL—Wa41 Wim 17'2 b 10�D'} 14 a WM MW—'c.ue+► R--ye "• conuct._Troy TI' 77J * n Figure 2- Floor Plan Zoning Administrator July 30, 2019 Conditional Use Permit 2019-00010 Page 4 Conditional Use Permit The proposed tenant, Escapement Rooms, LLC, would be an interactive gaming facility where participants use communication, team building, and problem solving to decipher puzzles and clues in order to "escape" a room before time runs out. Escapement Rooms, LLC, will offer two (2) experiences, each entertaining groups of up to six (6) people. Each room will be equipped with security cameras and two-way communication between customers and staff members. amus Pealas Ir roam t Enter Escape Room 1 io access room 2 Players will pause here to be told the,tory of the room before they enter.The hallway Is used to separate the ®" entry from the lobby, so they are not distracted by noise from other customers. tb CCy�mpiMt.er the puulaa ie room 3 anti ss11u Exit Escape Room 1 hl roam � the Isifna OmintMg on a ural!to complsfc Me and eslt r11e�+lrarda Sol+^e Puzctas7n raaane Z and 3 to hnd the Inlssing patnting Players will tt_n'e' pause here to be told the story of Solve pe las in roam t to ACceas the room before rooms z and 7 Enter Escape Room 2 they enter.This area is far enough from the lobby. Exit Escape Room 2 Figure 3- Room Flow Chart Zoning Administrator July 30, 2019 Conditional Use Permit 2019-00010 Page 5 The room themes for the escape room experiences will be a tailor shop (Escape Room #1) and museum (Escape Room #2). All activities will be conducted entirely within the tenant spaces. The proposed business would provide two (2) types of escape experiences: one (1) where the customers exit through the door they entered through, and one (1) that "finds" another exit. This means they exit the room through a different door than the one they entered. For safety reasons, the proposed business will not lock customers in the escape rooms, and customers will always have an unlocked means of exit. Both escape rooms will feature hallways that will create a place for the game master to tell the story of the room before customers are sent in. The same space is used to discuss the room with customers as they exit, answering any questions they have about the room after they have completed their escape (See Room Flow Chart; Figure 3). The escape room experiences would take approximately sixty (60) minutes to complete. All activities will take place inside the tenant space. The proposed business hours are as follows: Day Business Hours Monday—Tuesday Closed Wednesday—Thursday 5:30 p.m. to 10:00 p.m. Friday 5:30 p.m. to 11:00 p.m. Saturday 11:30 a.m. to 11:00 p.m. Sunda 11:30 a.m. to 10:00 p.m. For now, the three (3) owners will be the only staff operating the business with at least two (2) staff members being present at all times. One (1) staff member will be manning the reception desk to greet customers, check them in for their time slots, and go over the rules of the escape room with them. The other staff member will be acting as game master from the game master room. This includes monitoring the camera feeds and offering hints to customers as they complete their escape room challenge. When a third staff member is present, they will float between reception and game master duties, as needed. Parking The indoor amusement resort use would require parking most similar to studio uses. Pursuant to the TCC Section 9263 Table 1, studio uses require one (1) parking space for each instructor plus one (1) space for each three (3) students present at any one time. As proposed Escapement Room, LLC, would require a maximum of seven (7) parking spaces at maximum capacity. The tenant space is located within Plaza Lafayette, a large retail center of 46,888 square feet. TCC Section 9263, Table 1, requires 4.5 spaces per 1,000 square feet for a large retail center, or a total of 211 spaces. The center has 229 spaces and will adequately provide parking for all uses, including the escape room use. Zoning Administrator July 30, 2019 Conditional Use Permit 2019-00010 Page 6 Noise Noise impacts from the proposed use are not anticipated since all activities are proposed to occur inside the tenant space. However, should a noise problem arise in the future, staff has provided Condition 2.5, which may require the applicant to implement noise attenuation if it is deemed that negative impacts are occurring in violation of City regulations and conditions of approval. FINDINGS In determining whether to approve the CUP for the indoor amusement resort business at 13031 Newport Avenue #202, the Zoning Administrator must consider 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 which is encapsulated in the following findings: 1. That the property is zoned C2 and has a land use designation of Community Commercial within the General Plan, which includes retail, professional office, and service-oriented business activities serving a community-wide area and population. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. 2. That in accordance with TCC Section 9299b(3)(f), the Zoning Administrator is authorized to consider minor conditional use permits for existing developments where there would be no change of the primary use, there would be no expansion of floor area, and the request would not alter the original intent of the project or site. 3. The proposed use, as conditioned, would not be detrimental to the surrounding properties in that the use would occur entirely within an existing commercial building. The number of customers, hours of operation, and type of business are consistent with other businesses within the center. 4. As conditioned, no noise impacts are anticipated in that all activities shall be conducted entirely within the building and would be required to comply with the City's Noise Ordinance. 5. The required parking for the proposed use can be accommodated on the subject site and as a result, there would be no impact to the other existing commercial uses. Zoning Administrator July 30, 2019 Conditional Use Permit 2019-00010 Page 7 6. The project proposes interior tenant improvements only and will not have an impact on the center's exterior. 7. The Tustin Police Department and Public Works Department have reviewed the application and have no immediate concerns. 8. As conditioned, CUP-2019-00010 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 CUP-2019-00010 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. Staff recommends that the Zoning Administrator adopt Zoning Administrator Action No. 19-006 approving Conditional Use Permit (CUP) 2019-00010 to establish an indoor amusement resort use, known as an escape room, located within an existing 1 ,540- square-foot tenant space at 13031 Newport Avenue #202, in Plaza Lafayette shopping center. Jessica Ag'66 Associate Planner Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. Zoning Administrator Action No. 19-006 ti ATTACHMENT A LOCATION MAP 300-foot, 500-foot, and 1,000-foot Radius Map F � East snr, 1,000-foot 500-foot 300-foot Location Map 13031 Newport Avenue #202 CUP-2019-00010 ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT 2019-00010 2. LOCATION: 13031 Newport Avenue. (13011-13051 Newport Avenue) 3. APN(S):401-221-16(13.086 SR 401-221-25 (113,753 SF), 401-27146 (14,370 SF). 401-281- 10(43,560 SF) 4. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: CUP 95-019Nariance 95-011: Microbrewery and Reduction of Parking(327 to 241 spaces): CUP 00-016: Onsite Beer&Wine sale/consumption (Tustin Brewing Co.) CUP 03-005: (Reno 3867) Ceramics Retail Store w/Accessory Painting Classes/Parties CUP 03-014 (Reno 3882) Veterinary Clinic CUP 04-021: (Reso 3930) Amendment to Sign Program CUP 05-040 (Reso 4012) Birthday Party Business CUP 06-021 (ZAA 06-009 Pet Store CUP 08-016: (ZAA 08-009) Massage CUP 10-010 (ZAA 10-011) ABC in conjunction w/Restaurant(Lost Bean) DR 10-020 Wireless facility—light post replacement UD 2011-001 (Art Studio allowed in C2 zone) CUP 2017-22 (ZAA 18-001) Cat Hotel-null and void 6. SURROUNDING LAND USES: NORTH: Residential SOUTH (Across Irvine Blvd.):Commercial Office Buildin EAST: Commercial Center WEST: Commercial Center and Office Buildings 7. SURROUNDING ZONING DESIGNATION: NORTH: County of Orange/Multi-family Residential SOUTH: C1 (Retail Commercial District) EAST: Across Newport Avenue: C1 (Retail Commercial District) WEST: PR Professional District 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Not Applicable SOUTH: Community Commercial (CC) EAST: (Community Commercial (CC) WEST: Professional Office(PO) 9. SITE LAND USE: EXISTING PROPOSED Use: Commercial No Change Zoning: Retail Commercial (C2) No Change General Pian: Community Commercial (CC) No Change DEVELOPMENT FACTS: 10. LOT AREA: 184,769 S.F. or 4.24 ACRES 11. BUILDING LOT COVERAGE: NO CHANGE NO CHANGE 12. SITE LANDSCAPING: NO CHANGE NO CHANGE 13. PARKING: 211 SPACES REQUIRED 229 SPACES PROVIDED 14. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY(I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) NIA V L f ATTACHMENT C SUBMITTED PLANS RECERIED $1=''•' • -• .. .. ,JUN 8 2019 „ BY. L EXHIBIT 'A' Orel 0 i 'Orrw ; IiT4 f►( fig �� Address: Applicant: •13031 Newport Ave#202, Escapement Rpoms LLC Tustin CA 92780 Contact: Jessica Tront 2nd Floor - (1540-square feet) Phone: 714-501-1794 Q W 3011-81d • + . . - #Il0 a It • 11Qd IN Ir,�u • O Ab.., Pill 1 ` +� .• /112 • ...• .• •• ,. .. '.� • cam u /113 T 1 = . J.345 'Sp- Ills 8552 ek , �• RW = SF '�'�, •' AV .. r ' fir; •��� .- I 13011 - 13051 Newport Avenue Tustin, CA 92¢80 ITtVIt�E'IiLVD.` ' " • r, : _ y �:' �c;�" '� Current Floor Plan 4050 VNL.SL. n W-0, 0p -5-0" — �' i OFFICE #1 o 17'-6• RECEIVED 18'-2" o j LOBBY JUN 2 8 2019 I� I COMMUNITY DEVELOPMENT 10' 8" iIi BY: I I OFFICE #2 3080 i IIIA J I �e'-11" 4'-a•— oi OFFICE #3 'I 3080 Address: —4'-0,-- 13031 Newport Ave, #202 Tustin CA 92780 N ' ,�'�6• 2nd Floor - (1540 square feet) --RESTR-- Applicant: Escapement Rooms LLC Contact: Jessica Tront MOP SINK- Phone: 714-501-1794 -- Proposed Floor Plan 15' 1" -�-- Note: Entrance at bottom of stairs, moor 1. Escape Room #15.-�' 1 ° Room 1 of 2 J J_ (11'0" x15' 1 ) 18' 2" 18' 2" Reception/Lobby RE-MVED M (18' 2" x11'2") 15' 1" JUN 2 8 2019 Escape Room #1 11' 2" 1Y DEVELOPMENT Room 2 of 2 6"4' — (10'8" x 15' 1") 6,6„ 4'119-- 6 5 Escape 91 1 Room Room#2 8'7" Tech Room 1 2 of 38'9" Game Master Room 8'7 8'�„ (3'10" x 9'3") 93 Escape Room#2 �* Room 3 of 3 I 15 10" x 6'6") (8'7" x 8' 9") 3'1 " r. 1'7 — Ladder!Roof Access Escape Room #2 4 11" (will be locked) Room 1 of 3 7'2" (4'0" x 4'0") Water Heater I R ' 20' 0" Mop Sink Room }� 10'101, r (5, 0„ x 6,3") Legend 1°'n" Address: 4'0" / "---' New Wall 13031 Newport Ave, #202 I RESTRCIM Tustin CA 92780 .._--- l P 9 2nd Floor(1540 square feet) (7'2" x 10' 0") � Glass Wall Normal Wall Applicant Escapement Rooms LLC Contact: Jessica Tront -------- New Door Phone- 714541-1794 . M n - r ATTACHMENT D ZONING ADMINISTRATOR ACTION NO. 19006 ZONING ADMINISTRATOR ACTION 19-006 CONDITIONAL USE PERMIT 2019-00090 13031 NEWPORT AVENUE #202 The Zoning Administrator of the City of Tustin does hereby resolve as follows: i. The Zoning Administrator finds and determines as-follows: A. That a proper application for Conditional Use Permit (CUP) 2019-00010 was filed by Jessica Tront on behalf of Escapement Rooms, LLC, requesting authorization to establish and operate an indoor amusement resort, known as an "escape room", located within an existing 1,540-square-foot tenant space at 13031 Newport Avenue#202, in Plaza Lafayette shopping center. B. That the property is zoned Central Commercial (C2) and has a land use designation of Community Commercial (CC) within the General Plan, which provides for a variety of commercial business activities that serve a community-wide area and population. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That in accordance with Tustin City Code (TCC) Section 9299b(3)(f), the Zoning Administrator is authorized to consider minor CUPS 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-2019- 00010 on July 30, 2019, by the Zoning Administrator. E. That the establishment, maintenance, and operation of the proposed indoor amusement resort business 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 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: �) That the property is zoned C2 and has a land use designation of Community Commercial within the General Plan, which includes retail, professional office, and service-oriented business activities serving a community-wide area and population. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. 2) That in accordance with TCC Section 9299b(3)(f), the Zoning Administrator is authorized to consider minor conditional use permits for existing developments where there would be no change Zoning Administrator Action 19-006 Conditional Use Permit 2019-00010 Page 2 of the primary use, there would be no expansion of floor area, and the request would not alter the original intent of the project or site. 3) The proposed use, as conditioned, would not be detrimental to the surrounding properties in that the use would occur entirely within an existing commercial building. The number of customers, hours of operation, and type of business are consistent with other businesses within the center. 4) As conditioned, no noise impacts are anticipated in that all activities shall be conducted entirely within the building and would be required to comply with the City's Noise Ordinance. 5) The required parking for the proposed use can be accommodated on the subject site and as a result, there would be no impact to the other existing commercial uses. 6) The project proposes interior tenant improvements only and will not have an impact on the center's exterior. 7) The Tustin Police Department and Public Works Department have reviewed the application and have no immediate concerns. 8) As conditioned, CUP-2019-00010 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 CUP-2019- 00010 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. F. That this project is categorically exempt pursuant to Section 15301, (Class 1 — Existing Facilities) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act) in that the project site is an existing facility and involves no expansion of an existing shopping center. II. The Zoning Administrator hereby adopts Zoning Administrator Action No. 19-006 approving CUP 2019-00010 to establish and operate an indoor amusement resort use, known as an escape room, within an existing 1,540-square-foot tenant space located at 13031 Newport Avenue, in Plaza Lafayette shopping center, subject to the conditions contained within Exhibit A attached hereto. Zoning Administrator Action 19-006 Conditional Use Permit 2019-00010 Page 3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 301 day of July, 2019. ELIZABETH A. BINSACK ZONING ADMINISTRATOR VERA TISCARENO RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Vera Tiscareno, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 19-006 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the W1 day of July, 2019. VERA TISCARENO RECORDING SECRETARY Zoning Administrator Action 19-006 Conditional Use Permit 2019-00010 Page 4 EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2019-00010 13031 NEWPORT AVENU E GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped July 30, 2019, 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 plans during plan check if such modifications are consistent with provisions of the (TCC). (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 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 (CUP) 2019-00010 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 issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLEAGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW EXCEPTIONS Zoning Administrator Action 19-006 Conditional Use Permit 2019-00010 Page 5 (1) 1.7 CUP 2019-00010 will be reviewed within six (6) months and 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 the conditions of approval 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 CUP. (1) 1.8 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking, traffic, or noise problem 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 that the applicant prepare a parking demand analysis, traffic study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that: there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said measures may include, but are not limited to, the following: a) Establish alternative hours of operation, b) Reduce maximum number of customers, c) Provide additional parking, or d) Provide noise attenuation improvements. (1) 1.9 As a condition of approval of CUP-2019-00010, 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. Zoning Administrator Action 19-006 Conditional Use Permit 2019-00010 Page 6 USE RESTRICTIONS (1) 2.1 The hours,of operation for the business shall be as follows: Monday--Tuesday: Closed Wednesday—Thursday: 5:30 p.m. to 10:00 p.m. Friday: 5:30 p.m. to 11:00 p.m. Saturday: 11:30 a.m. to 11:00 p.m. Sunday: 11:30 a.m.:to 10:00 p.m. Modifications to the hours of operation or maximum number of customers may be required by the Director of: Community Development if it is determined that there are negative impacts to surrounding tenants or properties. *** 2.2 Only two (2) rooms may be operating at a time and are limited to a maximum of six (6) customers per room. Any changes to the maximum number of customers per room per time slot may be approved by the Director of Community Development if it is determined that there is sufficient parking to accommodate the proposed changes. (1) 2.3 Each sixty (60) minute time slot shall be concluded ten (10) minutes prior to the following available time slots in order to provide sufficient time for attendees of the prior session to vacate the site prior to arrival of attendees of the next time slot. (1) 2.4 All activities shall be located within the enclosed tenant space. No congregation and/or business activities outside of the tenant space are allowed in association with the use. (1) 2.5 All business activities shall comply with the City's Noise Ordinance. (1) 2.6 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. *** 2.7 The escape room experiences shall not include simulated or real weapons. (5) 2.8 The operators) of the business shall not permit, and shall take all steps necessary, to prevent its patrons from consuming alcoholic beverages on the premises. Zoning Administrator Action 19-006 Conditional Use Permit 2019-00010 Page 7 (1) 2.9 No change or alteration of the tenant space shall occur without prior approval of the Community 'Development Director. Major modifications to the floor area, services, and/or operation of the business may require consideration of a new conditional use permit by either the Zoning Administrator or the Planning Commission. (1) 2.10 No signs or other forms of advertising or attraction may be placed on-site without approval from the Community Development Department. (1) 2.11 If the use authorized by CUP-2019-00010 is discontinued for one (1) year, then it shall be conclusively presumed that such use has been abandoned and CUP will be deemed expired. PLAN SUBMITTAL (1) 3.1 At the time of building permit application, the plans shall comply with the latest edition of the codes (building codes, Green Building Code), City Ordinances, State, Federal laws, and regulations as adopted by the City Council of Tustin. (1) 3.2 The applicanticontractor is required to submit a Construction and Demolition Waste Recycling and Reduction Plan (WRRP) to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 65 percent of the project waste material or the amount required by the California Green Building Standards Code. A. The applicant will be required to submit an application fee for fifty-dollars and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in the following amounts: a. Multi-family/Commercial. All multi-family and commercial projects shall submit a security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The deposit amount will be collected in accordance with the Tustin City Code. b. Prior to issuance of a (demolition, grading, or building) permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". Zoning Administrator Action 19-006 Conditional Use Permit 2019-00010 Page 8 (5) 3.3 Prior to permit final, on-site wayfinding shall be updated for Suites #200 and #202. The suite numbers shall be updated to reflect approved addressing. FEES (1) 4.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the .Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act Gould be significantly lengthened. (1) 4.2 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of application submittal and/or permit issuance and are subject to change. a. Building plan check and permit fees.