Loading...
HomeMy WebLinkAboutZAA 19-006 i ZONING ADMINISTRATOR ACTION 19-006 ' CONDITIONAL USE PERMIT 2019-00010 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)(0, 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: 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)(0, the Zoning Administrator is authorized to consider minor conditional use permits for existing developments where there would be no change i 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 301h day of July, 2019. ELIZABETH A. BIN SACK ZONING ADMINISTRATOR VERA TISCARENO RECORDING SECRETARY STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, 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 30th 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 (6) RES PONS]BLEAGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW *k" 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. i 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 operator(s) 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 (9) 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 applicant/contractor 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 a]) 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 1 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 could 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.