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HomeMy WebLinkAboutPC RES 4520Docusign Envelope ID: 74749C4C-7024-4F3C-A1 F3-FAFB1 DCABDBC RESOLUTION NO. 4520 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2024-0019 AUTHORIZING THE ESTABLISHMENT OF A COMMERCIAL RECREATION FACILITY (ACTIVATE GAMES) AT 2403 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) 2024-0019 was filed by Michael Rubalcava, requesting authorization to establish a commercial recreation facility (Activate Games) at 2403 Park Avenue. B. That the subject property is located within Planning Area (PA) 16-19 of the Tustin Legacy Specific Plan (SP-1). C. That pursuant to Section 3.14.3 of the SP-1, a CUP is required prior to establishment of a commercial recreation facility (Activate Games). 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- 0019 on February 11, 2025, 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 uses 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 commercial recreation facility (Activate Games) is Located within a retail shopping center where a variety of retail and other food establishments are located. As conditioned, the Docusign Envelope ID: 74749C4C-7024-4F3C-A1 F3-FAFB1 DCABDBC Resolution No. 4520 CUP 2024-0019 characteristics of the proposed use and hours of operation would be similar to other uses within The District and other areas of the City. 3. An amended joint -use parking study for The District was submitted December 19, 2024, 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 (35 spaces required). 4. The Tustin Police Department has reviewed the application and has no concerns as conditioned. 5. Orange County Fire Authority (OCFA) review and approval is required prior to Building Plan Check approval and building permit issuance. F. 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. G. This project is Categorically Exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 (Class 1 — Existing Facilities), as established by California Code of Regulations Sections 21083 and 21084. II. The Planning Commission hereby approves CUP 2024-0019 authorizing the establishment of a commercial recreation facility (Activate Games) at 2403 Park Avenue, subject to the conditions contained within Exhibit A attached he reto. Docusign Envelope ID: 74749C4C-7024-4F3C-A1 F3-FAFB1 DCABDBC Resolution No. 4520 CUP 2024-0019 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 1111 day of February 2025. ESigned by: D148F2601EF34A4... ERIC HIGUCHI Chairperson Signed by: ED45DA2623654A5... JUSTINA L. WILLKOM Planning Commission Secretary APPROVED AS TO FORM: E�ASigned by: YVU OQ' A 343ADCC695E946B... MICHAEL DAUDT Assistant City Attorney Docusign Envelope ID: 74749C4C-7024-4F3C-A1 F3-FAFB1 DCABDBC Resolution No. 4520 CUP 2024-0019 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. 4520 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11th day of February 2025. PLANNING COMMISSIONER AYES: Douthit. Hiauchi. Kozak. Mason. Mello (5 PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: Signed by: ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary Docusign Envelope ID: 74749C4C-7024-4F3C-A1 F3-FAFB1 DCABDBC GENERAL EXHIBIT A CONDITIONAL USE PERMIT 2024-0019 CONDITIONS OF APPROVAL 2403 PARK AVENUE The proposed use shall substantially conform to the project description and submitted plans for the project date stamped February 11, 2025, 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 consistent with 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) 2024-0019 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 2024-0019, 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, SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Docusign Envelope ID: 74749C4C-7024-4F3C-A1 F3-FAFB1 DCABDBC Exhibit A —Conditions of Approval CUP 2024-0019 February 11, 2025 Page 2 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 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 2024-0019 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 2024-0019 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 (Activate Games). No room or area within the business shall be used or rented for purposes other than forthis use. Any changes proposed to the approved operations description submitted with this application shall first be reviewed and approved by the Community Development Director prior to implementation. (1) 2.2 Hours of operation shall be as follows unless otherwise modified with the approval of the Community Development Director. Monday to 9 a.m. to 11 p.m. Friday Saturday and 8 a.m. to 12 a.m. Sunday Docusign Envelope ID: 74749C4C-7024-4F3C-A1 F3-FAFB1 DCABDBC Exhibit A —Conditions of Approval CUP 2024-0019 February 11, 2025 Page 3 (1) 2.3 The tenant space shall be limited to 95 occupants on a maximum shift, inclusive of up to 90 customers, and five employees at any given time as discussed in the approved operations letter. Should additional capacity be proposed, the applicant shall submit an updated operations letter to the Community Development Department for review and approval prior to the commencement of the modified operation. (1) 2.4 Any modifications to the approved operations orfloor plan are subjectto review and approval by the Community Development Director, or their designee, prior to implementation. Major modifications to either may require requesting approval of a new CUP as determined by staff. (1) 2.5 The tenant space shall maintain volume at appropriate levels such as to comply with the City's Noise Ordinance standards for both interior and exterior noise levels. Doors to the business shall remain closed at all times during operational hours. (1) 2.6 Business operator shall be responsible for managing customer queues such that they do not block public walkways or obstruct the entry or exit doors of adjacent businesses. (1) 2.7 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) 2.8 There shall be no window coverings or advertisements that reduce the visibility inside of the business. (1) 2.9 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) 2.10 All litter shall be removed from the exterior areas around the premises, including public sidewalk areas and parking areas, no less frequentlythan once each day that the business is open. (1) 2.11 No Alcohol may be sold nor served by the business nor shall any alcohol be brought in by participants for consumption on the premises. (1) 2.12 Signage shall comply with the master sign plan forThe District. The applicant shall submit sign plans to the Building Division for a building permit. BUILDING DIVISION (1) 3.1 Applicant shall apply for a tenant improvement permit and have the plans approved through plan check. Docusign Envelope ID: 74749C4C-7024-4F3C-A1 F3-FAFB1 DCABDBC Exhibit A —Conditions of Approval CUP 2024-0019 February 11, 2025 Page 4 PUBLIC WORKS DEPARTMENT (1) 4.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a. The applicant/contractor is required to submit a 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. b. The applicant will be required to submit a fifty dollars ($50.00) application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash 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 TCC. c. Prior to issuance of a any 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" ORANGE COUNTY FIRE AUTHORITY (1) 5.1 Orange County Fire Authority (OCFA) review and approval is required prior to Building Plan Check approval and building permit issuance. 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 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.