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HomeMy WebLinkAboutPC RES 4493 RESOLUTION NO. 4493 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2024-0005 AUTHORIZING THE ESTABLISHMENT OF A COMMERCIAL RECREATION FACILITY (ESCAPE ROOM)AT 2439 PARK AVENUE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2024- 0005 was filed by Jaipeng Zhao on behalf of Run Entertainment, LLC, requesting authorization to establish a commercial recreation use (Escape Room) at 2439 Park Avenue. B. That the subject property is located within Planning Area (PA) 16-19 of the Tustin Legacy Specific Plan (SP-1) and has a General Plan land use designation of SP-1. C. That pursuant to Section 3.14.3 of SP-1, a CUP is required prior to establishment of a commercial recreation use. Tustin City Code (TCC) Section 9291 grants the Planning Commission the authority to consider and act on requests for a CUP. D. That a public hearing was duly called, noticed, and held for CUP 2024-0005 on July 23, 2024, by the Planning Commission. E. That in determining whether to approve the CUP, the Planning Commission finds that the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, in that: 1. PA 16-19 of SP-1 allows for a variety of retail, commercial, and service-oriented business activities serving a regional and community-wide area and population. 2. The proposed Escape Room is located within a regional shopping center where a variety of retail and other food establishments are located. As conditioned, the characteristics of the proposed uses and hours of operation would be similar to other similar establishments in the City. Exhibit A Conditions of Approval CUP 2024-0005 3. An amended joint-use parking study for The District was submitted evaluating the parking demand of all existing and proposed uses on-site and found that the existing number of parking spaces (4,833 spaces provided) is sufficient to accommodate all uses at peak periods. 4. The Tustin Police Department has reviewed the application and has no concerns as conditioned. F. That the operational characteristics and features of the facility, such as the hours of operation are appropriate for the location and type of use proposed in relation to surrounding residential areas, sensitive uses such as places of worship, parks, schools, hospitals, clinics, convalescent homes, and other similar uses selling or serving alcoholic beverages. 1. As conditioned, business operations, including hours of operation, would be conducted in a manner which does not create a public or private nuisance. 2. As conditioned, the owner or manager of the licensed premises would maintain a written security policy and procedures manual on the premises. The security policy would identify individuals who are responsible for the premises. 3. The proposed Escape Room is located within a commercial center where a variety of retail, restaurant, and service uses are located. The applicant requests to operate from 11 a.m. to 9 p.m. Sunday to Thursday, and 11 a.m. to 11 p.m. Friday to Saturday. These hours are consistent with the characteristics of other businesses in the entertainment center and other escape room uses in the City. 4. That the project tenant space is oriented towards the interior of a commercial center and located more than 1,000 feet from the nearest residential use. G. That the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. H. That this project is Categorically Exempt pursuant to Section 15301 (Class 1 — Existing Facilities) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). Exhibit A Conditions of Approval CUP 2024-0005 II. The Planning Commission hereby approves CUP 2024-0005 authorizing the establishment of an Escape Room at 2439 Park Avenue, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 23rd day of July, 2024. ERIC HIGUC Chairperson JU INA L. WILLKOM Planning Commission Secretary APPROVED AS TO FORM: MICHAEL DAUDT Assistant City Attorney Exhibit A Conditions of Approval CUP 2024-0006 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4493 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of July, 2024. PLANNING COMMISSIONER AYES: Douthit Hi uchi Kozak Mello 4 PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: Mason (1) JU&#dA L. WILLKOM Planning Commission Secretary CONDITIONAL USE PERMIT 2024-0005 CONDITIONS OF APPROVAL 2439 PARK AVENUE GENERAL (1) 1.1 The proposed use shall substantially conform to the project description and submitted plans for the project date stamped July 23, 2024, on file with the Community Development Department, except as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve minor modifications during plan check if such modifications are to be consistentwith the provisions of the Tustin City Code (TCC) 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 (CUP) 2024-0005 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 Community Development Director, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any transfer of ownership of the establishment and/or operator shall require the new owner and/or operator to sign and return an "Agreement to Conditions Imposed"form provided by the Community Development. Failure to do so would be a basis for revocation proceeding. (1) 1.6 As a condition of approval of CUP 2024-0005, 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, SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PCICC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A-Conditions of Approval CUP 2024-0005 July 23, 2024 Page 2 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 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) 1.7 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.8 The applicant and/or property owner 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. (1) 1.9 CUP 2024-0005 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 CUP 2024-0005 or is found to be a nuisance or negative impacts are affecting the surrounding tenants or area, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. USE RESTRICTIONS (1) 2.1 This approval authorizes a commercial recreation facility (Escape Room). No room or area within the business shall be used or rented for purposes other than Escape Room and associated Square games and ancillary party space. Any changes shall be reviewed and approved by the Community Development Director. (1) 2.2 Hours of operation shall be as follows unless otherwise modified with the approval of the Community Development Director: Hours Sunday to Thursday 11 a.m. to 9 p.m. Friday to Saturday 11 a.m. to 11 p.m. (1} 2.3 Any modifications to the approved operations or floor plan are subject to review and approval by the Community Development Director, prior to implementation. Major modifications may require requesting approval of a new CUP as determined by staff. (1} 2.4 The tenant space shall maintain volume at appropriate levels such as to comply with the City's Noise Ordinance standards for both interior and Exhibit A-Conditions of Approval CUP 2024-0005 July 23, 2024 Page 3 exterior noise levels. Doors leading to and from the business shall remain closed, but unlocked, at all times during operational hours. (1) 2.6 In the event that there is a queuing line, the business owner, or designee, shall be responsible for monitoring the queuing lines at all times. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. (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. (1) 2.7 There shall be no window coverings or advertisements that reduce the visibility inside of the business. (1) 2.8 Any graffiti painted or marked upon the premises, or any adjacent area under control of the property owner or the business, shall be removed or painted within twenty-four (24) hours of being applied. (1) 2.9 All litter shall be removed from the exterior areas around the premises, including public sidewalk areas and parking areas, no less frequently than once each day that the business is open. (1) 2.10 No Alcohol may be sold nor served by the business nor shall any alcohol be brought in by participants for consumption on the premises. SIGNAGE (1) 3.1 The applicant must obtain a sign permit from the Building Division prior to installing proposed signage. Signage shall comply with The District Master Sign Program. BUILDING DEPARTMENT (3) 4.1 Applicant must apply for a tenant improvement permit and have the plans approved through plan check. (3) 4.2 Upon submittal for plan check, remove CalGreen sheets from plans and the sheet index as they do not apply. Exhibit A- Conditions of Approval CUP 2024-0005 July 23, 2024 Page 4 ORANGE COUNTY FIRE AUTHORITY (5) 5.1 Prior to issuance of a building permit: • Fire sprinkler system (service codes PR400-PR465) (6) 5.2 Prior to concealing interior construction: • Fire alarm system (service code PR500-PR520), if modified, provided voluntarily, or required by code. (5) 5.3 Prior to occupancy: • Temporary/Final Occupancy Inspections: Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy (temporary or final) requested. Inspections shall be scheduled at least five days in advance by calling OCFA Inspection Scheduling at (714) 573-6150. FEES (1) 6.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the ORANGE COUNTY CLERK-RECORDER in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental t 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.