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HomeMy WebLinkAbout2024 PC 02-24 SAM OLENDORFF REPRESENTING THE PERMIT PLACE, CONDITONAL USE PERMIT NO. 3212-23CONDITIONAL USE PERMIT NO.3212-23 RESOLUTION NO. PC 02-2,1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE APPROVING CONDITIONAL USE PERMIT NO. 3212.23, TO ALLOW THE ESTABLISHMENT AND OPERATION OF AN ESCAPE GAME AS A COMMERCIAL RECREATION FACILITY AT 20 CITY BOULEVARD, UNIT lOO APPLICANT: SAM OLENDORFF REPRESENTING THE PERMIT PLACE WHEREAS, the Planning Commission has authority per Orange Municipal Code Sections 17.08.020 and 17.30.030 to take action to approve or deny conditional use permit No. 3212-23, for an Escape Room as a commercial recreation facirity. in the Urban Mixed Use (UMU) zoning district; and WHEREAS, Conditional Use Permir No. 3212-23 was filed by Sam Olendorff in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, Conditional Use Permit No. 3212-23 is a request to establish and operate a 4,236 square foot Escape Room; and WHEREAS' Conditional Use Permit No. 3212-23 was processed in the time and manner prescribed by state and local law; and WHEREAS, Conditional Use Permit No. 3212-23 is categorically exempt from the provisions of the califomia Environmental Quality Act per state CEeA Guidelines Section 15301 (Ctass I - Existing Facilities)l and WHEREAS' the Planning Commission conducted one duly advertised public hearing on January 15, 2024, al which time interested persons had an opportunity to testiry either in support oL or opposition to, the proposal and lor the purpose of considering Conditional Use Permit No. ) z L:-:) - NOW, THEREFORE, BE IT RESOLVED that the planning Commission approves Conditional Use Permit No. 3212-23 to establish and operate a 4,236 square foot Escape Room as a commercial recreation facility. SECTION I - FINDINGS General Plan Required Findings: Resolution No. PC 02-24 Page 2 of 4 The project must be consistent with the goals and policies stated within the City's General Plan. The project is consistent with the goals and policies stared within the City's General plan in that the project would promote a commercial enterprise and support a revenue generating business, consistent with the Land Use and Economic Development Elements of the General Plan. Furthermore, project approval supports the City's continued efforts to support ongoing development. Condifional Use Permit Required Findings: l. A Conditional Use Permit shall be granted upon sound principles of land use qnd in response to services required by the community. Consideration has been given as to whether the proposed use will detrimentally affect adjacent land uses. The use is an Escape Room, a commercial recreation facility. The location serves a.s an game establishment with six different rooms. The project is located at The Outlets at Orange, which is where entertainment-type businesses are typically prefened. 2. A Conditional Use Permit shall not be granted if it v,ill cause deterioration of bordering land uses or create special problems .for the area in which it is located. The proposed Escape Room is not anticipated to have any adverse impacts on surrounding land uses or create a special problem because the site is located in an area with adjacent uses that include other commercial recreation facilities (arcade, bowling alley) and retail/mercantile (a shoe store). which normally iue not impacted by a large indoor facility. 3. A Conditional Use Permit must be considered in relationship to its effect on the community or neighborhood plan for the area in which it is localed. The project is not anticipated to have adverse impacts on neighboring land uses within the area since the proposed use is compatible with the mixed commercial uses that occupy the existing commercially zoned properties at The Outlets at Orange. 1. A Conditional Use Permit, if granted, shall be made subject to those conditions necessury lo preserve the general welfare, not rhe individual welfure ofany particular applicant. To ensure the general welfare of the community, several conditions related to live entertainment and special events have been placed on the CUP so that the Escape Room will not operate in a mamer that will negatively affect the surrounding businesses. SECTION 2 - ENVIRONMENTAL REVIEW The proposed project is categorically exempt from the provisions of the Catifomia Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class I - Existing 2 Resolution No. PC 02-24 Page 3 ol4 The project shall conlorm in substance and be maintained in general conformance with the plans submitted (Dated December 5.2023) and as recommended for approval by the Planning Commission. Any future expansion in area or in the nature and operation of the use as an Escape Room, as approved by Conditional Use Permit No. 3212-23 shall require an application for a new or amended Conditional Use Permit. The applicant shall comply with all federal, state, and local laws, including all City regulations. Violation of any of those laws in connection with the use will be cause for revocation of this permit. The applicant agrees, as a condition of City's approval Conditional Use Permit No. 3212-23, to indemnifr, defend. and hold harmless. at applicant's expense. the City, its officers, agents. and employees ("City') from and against any claim. action or proceeding brought against the City. including. but not limited to, any claim. action or proceeding commenced within the time period provided in Govemment Code Section 66499.37 to attack. review, set aside. void or annul the City's approval, to challenge the determination made by the City under the Califomia Environmental euality Act (*CEQA") or to challenge the reasonableness, legality or vatidity of any condition attached hereto. City shall promptly notiry applicant of any such claim. action or proceeding to which the City receives notice and to cooperate fully with the applicant in the defense thereof. Applicant shall reimburse the City for any and all costs and expenses. including, but not limited to, court costs and attomey's fees that the City may be required to pay, including any expenses ordered by a court or expenses incuned through the Office of the City Attomey in connection with said claim. action or proceeding. City may, in its sole discretion, participate in the defense of any claim. action or proceeding but such participation shall not relieve applicant ofthe obligations ol this condition. In the event the applicant is required to defend City in connection with such claim. action or proceeding. City shall have the right to approve counsel to so defend the City, approve all significant decisions conceming the manner in which the delense is conducted and approve any all settlements, which approval(s) shall not be unreasonably withheld. The obligations set forth herein remain in full lorce and effect throughout all stages of litigation including any and all appeals of any lower court judgment rendered in the proceeding. Further, applicant agrees to indemnifo. defend and hold harmless the City for all costs and expenses incurred in enforcing this provision. These conditions shall be reprinted on the first page of the construction documents when submitting to the Building Department for the plan check process. Live entertainment such as a discjockey, live band, or dancing is not permitted. -) .+ 5 6 Facilities) because the project consists of the operation and licensing of an existing private structure. There is no further CEQA documentation and review required. SECTION 3- CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions are imposed with approval: Resolution No. PC 02-24 Page 4 of4 7 8 Any special events must be done in compliance with all requirements of the Orange Municipal Code, and any other applicable rules or regulations. The use ofa promoter (such as a night-club operator) or sub-leasing the premises to be used in conjunction with dancing and/or live entertainment is prohibited. ADOPTED this 15s day of Jantary 2024. Yazquez,lanning C ssion Chair Anna Pehoushek Assistant Community Development Director I hereby certifu that the foregoing Resolution was adopted by the Planning Commission of the City of Orange at a regular meeting thereof held on the 15th day of January 2024, by the following vote: AYES: Martinez, Simpson, Vejar, Maldonado, Tucker, Mc Cormack, andYazquez NOES: None ABSENT: None