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HomeMy WebLinkAbout01 ZA REPORT ESCAPE ROOM 1622 EDINGER AVE. SUITE C DocuSign Envelope ID:C375EOCO-6080-4A2A-B646-B258AD5DD1 DO I S, . , AGENDA REPORT ITEM #I MEETING DATE: MARCH 3, 2022 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: USE DETERMINATION 2022-0001 & CONDITIONAL USE PERMIT 2022-0001 APPLICANT: PROPERTY OWNER: JONATHAN DAUTRICH KURT MULLEN EDISON PUZZLE LABS LLC CA 4-14 FUND, LLC 1458 CHARLESTON STREET 999 CORPORATE DRIVE, SUITE 215 TUSTIN, CA 92782 LADERA RANCH, CA 92694 LOCATION: 1622 EDINGER AVENUE, SUITE C GENERAL PLAN: INDUSTRIAL (1) ZONING: INDUSTRIAL (M) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO DETERMINE THAT AN INDOOR COMMERCIAL RECREATION USE IS A CONDITIONALLY PERMITTED USE WITHIN THE INDUSTRIAL (M) ZONE, AND TO ESTABLISH AN INDOOR COMMERCIAL RECREATION USE (AN ESCAPE ROOM) WITHIN AN EXISTING INDUSTRIAL OFFICE SPACE AT 1622 EDINGER AVENUE, SUITE C. ,822 DocuSign Envelope ID:C375EOCO-6080-4A2A-B646-B258AD5DD1 DO Zoning Administrator March 3, 2022 UD 2022-0001; CUP 2022-0001 Page 2 RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 22-003 approving Use Determination (UD) 2022-0001 and Conditional Use Permit (CUP) 2022-0001 to determine that an indoor commercial recreation use is a conditionally permitted use within the Industrial (M) Zone, and to establish an indoor commercial recreation use (an escape room) within an existing industrial office space at 1622 Edinger Avenue, Suite C. APPROVAL AUTHORITY The project site is located within the Industrial (M) Zone which does not list an indoor commercial recreation use as a permitted, conditionally permitted or prohibited use. The Community Development Director is authorized to determine whether the proposed use is similar to other permitted and/or conditionally permitted uses pursuant to Tustin City Code (TCC) Section 9298, but has referred this determination to the Zoning Administrator to be reviewed concurrently with the CUP application. If approved, the requested Use Determination would permit indoor commercial recreation uses within the Industrial (M) Zone subject to the approval of a CUP. Pursuant to Section 9299b(3)(f) of the TCC, the Zoning Administrator has the authority to review and approve CUP applications for existing developments where there is no change of primary use nor expansion of floor area, and the request would not alter the original intent of the site. BACKGROUND Site and Surrounding Properties The project site is located in an existing industrial office complex located at Edinger Avenue and Red Hill Avenue, also known as the Tustin Business Park (Figure 1). The property is zoned Industrial (M) and has a General Plan designation of Industrial (1). Surrounding uses include a commercial center across Edinger Avenue to the northeast, and industrial and office uses to the southeast, southwest, and northwest. All surrounding properties are located within the Industrial (M) Zone. The Tustin Business Park is composed of fifteen (15) buildings on multiple parcels. The subject tenant space is located in the building closest to the intersection of Parkway Loop and Edinger Avenue within parcel APN 430-282-22. The building contains four (4) #+Ye- 5) other tenant spaces. Suite C, the subject tenant space, is a 3,773 square-foot office space. DocuSign Envelope ID:C375EOCO-6080-4A2A-B646-B258AD5DD1 DO Zoning Administrator March 3, 2022 UD 2022-0001; CUP 2022-0001 Page 3 +� / d A tee ; r � �� �• ( °°"44� �Y s�k �r a " .. r � �cr � Subject property � ,. q .; �. ' : Tenant Space " F s'e °=!r nU� e � PR .. w w , Parkway Loop Ilk Figure 1 - Site Map DISCUSSION Project Description The applicant is requesting authorization to establish an escape room, which is a type of indoor commercial recreation use, within an existing 3,773 square-foot office space located in an existing industrial office complex. The facility is proposed to include five (5) escape room experiences, a customer reception lobby, two (2) restrooms, a storage room, and a security game control room (Figure 2). Minor interior tenant improvements are proposed, however there will be no changes to the exterior of the tenant space. DocuSign Envelope ID:C375EOCO-6080-4A2A-B646-B258AD5DD1 DO Zoning Administrator March 3, 2022 UD 2022-0001; CUP 2022-0001 Page 4 mc•ry:-n,:y xIL L' EP.C.RCOm Experience 4 r i Storage I I i Experience 4 L 3rcak Ron n• ------ �%F1Hr Hr1CF. F.estrnom� SenordarY -7PrirRary , Ex�1 En1ry`8 Exit Experience 2 Security Primary r rllrq` Control R Exil Room Primary E wry 8 Exit Seating Area/Future Experience 5 Experience 1 aane nit "• Experience 3 Primary Enlry &Exiy- • 11as9oon,I Re_=F4ior Saco Sacondar Ezir LwLv Main Entry I� Figure 2- Floor Plan Operations The applicant, Edison Puzzle Labs LLC, proposes to establish an interactive indoor recreation facility where a group, comprised of pre-registered participants, use communication, team building, and problem-solving skills to decipher puzzles and clues in order to "escape" a room (or "experience") in a limited amount of time. Players are not actually locked inside the room and may leave through the entrance door at any time since it remains unlocked at all times. Each "escape" room experience can be made of multiple rooms, where participants start in one (1) room and use clues to unlock the next room to continue the escape room experience. As the participants unlock doors, those doors remain unlocked for the duration of the experience. DocuSign Envelope ID:C375EOCO-6080-4A2A-B646-B258AD5DD1 DO Zoning Administrator March 3, 2022 UD 2022-0001; CUP 2022-0001 Page 5 Players are proposed to start and exit through the same door upon completion of the experience. For example, Figure 3 below depicts experience number 3. The floor plan shows the "primary entry & exit" (which remains unlocked) and the doors that require group participation to unlock to continue the experience. The red arrows represent players' progression through the experience, and the blue arrows represent their exit path upon completion. A secondary exit is available in the final room and will be unlocked, however players are expected to exit through the primary entry door to debrief with facility employees. Primary Entry & Exit Secondary Exit Figure 3— Example, Experience Number 3 The applicant is proposing to incorporate a game security control room into the facility, allowing two-way communication between players in each escape room experience and dedicated staff members who monitor players' progress through each experience. The staff members remain in the game security control room for the duration of the participant's experience and assist with additional clues if needed and are ready to respond to an emergency, should the need arise. For safety reasons, the proposed business will not lock customers in the escape rooms, and customers will always have an unlocked means of exit. DocuSign Envelope ID:C375EOCO-6080-4A2A-B646-B258AD5DD1 DO Zoning Administrator March 3, 2022 UD 2022-0001; CUP 2022-0001 Page 6 The applicant proposes to offer five (5) separate escape room "experiences", with each entertaining a group of up to nine (9) people. A maximum of five (5) employees will be working at any given time. Each experience lasts sixty (60) minutes. Start times for the escape rooms are staggered fifteen (15) minutes from each other, with 30 minutes between the end of one experience and the start of the next in that same room. Therefore, at most four (4) of the five (5) proposed escape rooms will be occupied at any given point, leading to at most thirty-six (36) concurrently playing customers. Figure 4, below, is a sample schedule demonstrating how only four (4) escape rooms will be operating at any given time based on these operational parameters. However, there will be a momentary overlap in customers as one (1) group exits and a new group enters the facility, leading to at most forty-five (45) customers on-site during transitionary periods. Including the five (5) employees per shift, there will be a maximum of fifty (50) people on-site at any given time. Room 1 Room 2 Room 3 Room 4 Room 5 5:00 PM o - Unavailable 5:15 PM o o - In Use 5:30 PM o 0 0 - 5:45PM 0 0 0 0 6:00 PM 0 0 0 0 6:15 PM - 0 0 0 6:30 PM 0 - - 0 0 6:45 PM 0 0 - 0 7:00 PM 0 0 0 7:15 PM 0 0 0 0 7:30 PM o 0 0 0 7:45 PM - 0 0 0 8:00 PM o - - 0 0 8:15 PM 0 0 - 0 8:30 PM 0 0 8:45 PM 0 0 Figure 4— Partial Escape Room Usage Schedule The proposed business hours are as follows: Table 1 Hours of Operation Day Business Hours Monday—Thursda * 5:00 p.m. to Midnight Friday* 1 :00 p.m. to Midnight Saturday — Sunda 9:00 a.m. to Midnight *Private events available by appointment, Monday—Friday from 9:00 a.m. to public opening DocuSign Envelope ID:C375EOCO-6080-4A2A-B646-B258AD5DD1 DO Zoning Administrator March 3, 2022 UD 2022-0001; CUP 2022-0001 Page 7 The themes for the escape room experiences will be family-friendly and are expected to revolve around adventure and travel, such as archaeology, airplanes, trains, etc. All activities will be conducted entirely within the 3,773 square-foot tenant space. If approved, the applicant expects to begin operating in Spring 2022. Use Determination and Conditional Use Permit The subject property is within the Industrial (M) Zoning District. The proposed indoor commercial recreation use is not listed as a permitted, conditionally permitted, or prohibited use within the M Zone. Therefore, a Use Determination is necessary to determine if the proposed use would be allowed in the zoning district. The Community Development Director is authorized to determine whether the proposed use is similar to other permitted and/or conditionally permitted uses pursuant to Tustin City Code (TCC) Section 9298. Decision-making authority in this instance is deferred to the Zoning Administrator so the Use Determination can be reviewed concurrently with the Conditional Use Permit application. Permitted uses in the M Zone include light industrial uses such as general manufacturing, research laboratories, warehousing, and distribution and other complementary support commercial uses such as accessory office space, delicatessens, and bulk merchandise sales. An indoor commercial recreation use is not identified as a permitted, conditionally permitted, or prohibited use in the M Zone. The Irvine Industrial Complex (IIC), a planned community within the "Planned Community— Industrial" (PC-IND) Zone, identifies "private, indoor recreational uses" as conditionally permitted uses. Similar to the subject M Zone site, the PC-IND zone allows industrial and complementary support commercial uses. The IIC is also similar to the M zone subject site, in that it is developed in a similar pattern with industrial complexes. Based upon these characteristics, the proposed indoor commercial recreation use in the M zone is consistent and compatible with conditionally permitted uses in similar zoning districts and is appropriate as a conditionally permitted use at the subject site. If approved, the proposed "escape room" indoor recreational use would be subject to the Conditions of Approval as proposed and described in ZAA No. 22-003. The project site is predominantly surrounded by commercial and industrial uses and therefore no impacts to residential properties or other sensitive uses are anticipated. As conditioned, the proposed use would be compatible with the surrounding commercial and industrial uses. Per Condition of Approval No. 2.1 , the applicant would be required to notify and receive approval from the Community Development Director prior to any proposed changes to the operation or use of the facility which will ensure that compatibility concerns are addressed prior to any operational changes. DocuSign Envelope ID:C375EOCO-6080-4A2A-B646-B258AD5DD1 DO Zoning Administrator March 3, 2022 UD 2022-0001; CUP 2022-0001 Page 8 Parking The use determination would prescribe the instructional studio parking requirement to the escape room subset of indoor commercial recreation uses, requiring one (1) space for each employee plus one (1) space for each three (3) customers present at any given time. The parking demand for the proposed escape room use is satisfied by existing on-site parking, described in more detail in the "Parking" section of this report, below. The proposed use would require parking most similarly to instructional studio uses. Pursuant to TCC Section 9263, instructional studio uses require one (1) parking space for each instructor plus one (1) space for every three (3) students present at any one (1) time. Applied to the proposed use, this translates to one (1) parking space for each employee plus one (1) space for every three (3) customers present at any one time. The proposed use would require a maximum of twenty (20) parking spaces at maximum capacity using this parking requirement, based on the details provided in the Operations section of this report and summarized below. Table 2 Required Parking for Proposed Esca a Room Maximum # of Maximum # of Customers Employees per shift Proposed 45 customers 5 employees Operations Parking 15 spaces 5 spaces Total 20 spaces required Re uired The most recent parking summary for the site provides that there are 606 parking spaces available at the site and a total of 591 parking spaces are required for all businesses located within the business complex, including the proposed escape room. This leaves a total of fifteen (15) excess parking spaces. Therefore, the parking requirement for the proposed use is satisfied. CONCLUSION Based on this report, Findings, and Conditions of Approval contained in ZAA No. 22-003, staff recommends that the Zoning Administrator adopt Zoning Administrator Action No. 22-003 approving Use Determination (UD) 2022-0001 and Conditional Use Permit (CUP) 2022-0001 to determine that an escape room is a subset of indoor commercial recreation uses, is a conditionally permitted use within the Industrial (M) Zone, and to authorize the establishment of an escape room within an existing 3,773 square-foot tenant space at 1622 Edinger Avenue, Suite C in the Tustin Business Park. DocuSign Envelope ID:C375EOCO-6080-4A2A-B646-B258AD5DD1 DO Zoning Administrator March 3, 2022 UD 2022-0001; CUP 2022-0001 Page 9 ESDocuSigned by: DocuSigned by: (R rL&Sh& fo r: S(R �Sh& EADB147C2289428... EADB147C2289428... Jorge Maldonado Scott Reekstin Assistant Planner Principal Planner Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. Zoning Administrator Action No. 22-003 ATTACHMENT A LOCATION MAP Radius Map 1622 Edinger Avenue, Suite C 1000°ft. Subject Property 50 300 ft. P a� k l _ r F 33 + s 1) H 300 ft,500 ft, and 1000 ft Radius ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): UD 2022-0001/CUP 2022-0001 2. LOCATION: 1622 EDINGER AVENUE, SUITE C 3. APN(S): 430-282-22 4. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY: CUP 94-021: to increase the maximum allowable square footage of office space in the Tustin Business Park from 115,500 square feet to 142,900 square feet 5. SURROUNDING LAND USES: NORTHEAST: Commercial Center SOUTHWEST: Industrial Office SOUTHEAST: Industrial Office NORTHWEST: Industrial Office 6. SURROUNDING ZONING DESIGNATION NORTH: Industrial (M) SOUTH: Industrial (M) EAST: Industrial (M) WEST: Industrial (M) 7. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Industrial (1) SOUTH: Industrial (1) EAST: Industrial (1) WEST: Industrial (1) 8. SITE LAND USE: EXISTING PROPOSED Use: Industrial Office Indoor Commercial Recreation Zoning: Industrial (M) No Change General Plan: Industrial (1) No Change DEVELOPMENT FACTS: 9. LOT AREA: 5.64 ACRES 10. PARKING: 20 spaces required for proposed use. 591 spaces required for all businesses on-site including the proposed use, 606 spaces provided. 11. TENANT IMPROVEMENTS: Interior remodel only of 3,773 square-foot tenant space, no added square footage or exterior changes proposed. 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The Zoning Administrator finds and determines as follows: A. That a proper application for Use Determination (UD) 2022-0001 and Conditional Use Permit (CUP) 2022-0001 was filed by Jonathan Dautrich of Edison Puzzle Labs LLC, to determine that an indoor commercial recreation use is a conditionally permitted use within the Industrial (M) Zoning District, and to establish an escape room, a type of indoor commercial recreation use, within the office space of an existing industrial office complex located at 1622 Edinger Avenue, Suite C. B. That the property is designated as Industrial (1) by the Tustin General Plan and is zoned Industrial (M), which allows a variety of uses including manufacturing, assembly, warehousing, laboratories, offices, and support commercial uses. C. That an indoor commercial recreation use is not a listed permitted or conditionally permitted use within the Industrial (M) Zoning District. The Community Development Director may make a use determination as to whether the proposed use is similar to other permitted and/or conditionally permitted uses pursuant to Tustin City Code (TCC) Section 9298, but has referred this determination to the Zoning Administrator to review concurrently with the CUP. D. That in accordance with TCC Section 9299b3(f), the Zoning Administrator is authorized to consider minor CUPs for existing developments where there would be no change in primary use, no expansion of floor area, and the request would not alter the original intent of the project or site. E. That a public hearing was duly called, noticed, and held for UD 2022-0001 and CUP 2022-0001 on March 3, 2022, by the Zoning Administrator. F. 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; the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole of the City in that: Conditions of Approval UD-2022-0001; CUP-2022-0001 Page 2 1) The Industrial (M) Zoning District allows a variety of uses including manufacturing, assembly, warehousing, laboratories, offices, and support commercial uses. The proposed indoor commercial recreation use would operate similarly to "private, indoor recreational" uses, which are conditionally permitted in the Irvine Industrial Complex (IIC) Planned Community. 2) No impacts to residential properties or other sensitive uses are anticipated as the project site is predominantly surrounded by commercial and industrial uses. 3) As conditioned, the proposed use would be compatible with the surrounding commercial and industrial uses. The applicant would be required to notify and receive approval from the Community Development Director prior to changing the operation or use of the facility. 4) As conditioned, the proposed use would not result in any parking impacts based on the operationally based parking requirements for instructional uses, which require one (1) parking space per staff employee, and one (1) parking space per three (3) customers on-site at any given time. Based on the operations described in the staff report, there are sufficient parking spaces provided on-site to accommodate the proposed use and all other businesses on the property. As conditioned, the applicant would be required to notify and receive approval from the Community Development Director prior to changing the operation or use of the facility, therefore no parking impacts are anticipated. 5) As conditioned, no noise impacts are anticipated in that all activities would be required to comply with the City's Noise Ordinance. 6) As conditioned, CUP 2022-0001 may be reviewed by the Community Development Director, if necessary, to ensure compatibility with surrounding uses. If the use is not operated in accordance with the Conditions of Approval provided herein, or is found to be a nuisance or cause negative impacts to surrounding uses, the Community Development Director has the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. 7) The City's Police Department, Public Works Department, and Building Division have reviewed the application and have no immediate concerns. G. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). Conditions of Approval UD-2022-0001; CUP-2022-0001 Page 3 II. The Zoning Administrator hereby approves UD 2022-0001 and CUP 2022-0001 determining that an indoor commercial recreation use is a conditionally permitted use within the Industrial (M) Zoning District, and establishing an escape room, a type of indoor commercial recreation use, within the office space of an existing industrial office complex located at 1622 Edinger Avenue, Suite C 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 3rd day of March, 2022. JUSTINA L. WILLKOM ZONING ADMINISTRATOR VERA HURTADO RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, VERA HURTADO, 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. 2022-003 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 3rd day of March, 2022. VERA HURTADO RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL USE DETERMINATION 2022-0001 CONDITIONAL USE PERMIT 2022-0001 1622 EDINGER AVENUE, SUITE C GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped March 3, 2022, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director 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 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 Use Determination (UD) 2022-0001 and Conditional Use Permit (CUP) 2022-0001 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 Community Development Director, 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) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Conditions of Approval UD-2022-0001/CUP-2022-0001 (1) 1.7 CUP 2022-0001 may be reviewed at any time by the Community Development Director. If the use is not operated in accordance with CUP- 2022-0001 , 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 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 and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking, 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, or c) Provide additional parking. (1) 1.9 As a condition of approval of CUP 2022-0001 , 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. Exhibit A Conditions of Approval UD-2022-0001/CUP-2022-0001 USE RESTRICTIONS (1) 2.1 The hours of operation for the business shall be as follows: Monday—Thursday: 5:00 p.m. to Midnight Friday: 1:00 p.m. to Midnight Saturday - Sunday: 9:00 a.m. to Midnight Otherwise available by special appointment for private/team- building events: Monday— Friday: 9:00 a.m. to public opening. Any changes to the hours of operation and/or maximum number of customers requested by the business owner shall require approval by the Community Development Director. The Community Development Director may approve operational changes if it is determined that there is sufficient parking to accommodate the proposed changes, and/or if there are no negative impact to adjacent tenants or properties. *** 2.2 The facility may maintain up to five (5) separate escape room experiences with a maximum of nine (9) customers per room. However, only four (4) escape rooms may be operated at any given time, including when hosting private events. The facility may have up to nine (9) customers on-site waiting to attend their appointment. A maximum of five (5) employees are allowed per shift for a maximum of forty-five (45) customers and five (5) employees on-site at any given time. Any changes to the hours and number of attendees related to the escape room experiences requested by the business owner may be approved by the Community Development Director if it is determined that there is sufficient parking to accommodate the proposed changes, and/or there are no negative impacts to adjacent tenants or properties. (1) 2.3 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) 2.4 All business activities shall comply with the City's Noise Ordinance. (1) 2.5 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. *** 2.6 The escape room experiences shall not include simulated or real weapons. Exhibit A Conditions of Approval UD-2022-0001/CUP-2022-0001 (5) 2.7 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. (1) 2.8 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) 2.9 No signs or other forms of advertising or attraction may be placed on-site without approval from the Community Development Department. (1) 2.10 If the use authorized by CUP 2022-0001 is discontinued for one (1) year, then it shall be conclusively presumed that such use has been abandoned and the CUP will be deemed expired. PLAN SUBMITTAL (1) 3.1 A building permit is required for the proposed tenant improvements to the subject tenant space. 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 At the time of building permit application, the plans shall include an emergency egress plan showing the designated point of exit. The emergency egress plan shall also be posted in a visible location, in each escape room experience, prior to building permit final. (1) 3.3 At the time of building permit application, plans must include accessibility details such as, but not limited to, identifying all door clearances and providing accessible restrooms. Exhibit A Conditions of Approval UD-2022-0001/CUP-2022-0001 (1) 3.4 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 al) to recycle at least sixty-five (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 of 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". 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 OC 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.