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05-28-2019 CC Rpt 19Date: 05-28-2019 Item No.: 19 224/252 225/252 PLANNING COMMISSION AGENDA STAFF REPORT Meeting Date: May 21, 2019 Public Hearing:  Discussion Item:  Consent Item:  May 14, 2019 Agenda Item No.: 7b TO: CHAIRMAN AND PLANNING COMMISSIONERS FROM: JOANN LOMBARDO, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CONDITIONAL USE PERMIT 19CUP01 – INFUZION ZONE FAMILY ENTERTAINMENT CENTER AT CHINO HILLS MARKETPLACE EXECUTIVE SUMMARY The applicant, Anthony Burns (on behalf of JERMAR 29:11 Inc.), requests approval of Conditional Use Permit 19CUP01 to allow the operation of a 10,160-square foot family entertainment center within the Chino Hills Marketplace shopping center, located at 4200 Chino Hills Parkway, Suite 400. The attractions within the facility will include an approximately 3,794-square foot laser tag arena, a 400-square foot virtual reality game room, and a 1,257-square foot arcade area. The business will also include a café serving prepackaged and/or frozen foods, two party rooms for private events, and a soft play area for younger children (ages 2-7). RECOMMENDATION Staff recommends that the Planning Commission: a)Conduct a public hearing and take public testimony on the project; and, b)Adopt a Resolution entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHINO HILLS, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 19CUP01 FOR THE OPERATION OF A FAMILY ENTERTAINMENT CENTER AT 4200 CHINO HILLS PARKWAY, SUITE 400 AND DETERMINING THAT THE PROJECT IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. PROJECT CASE NO.: Conditional Use Permit 19CUP01 APPLICANT: Anthony Burns OWNER: Weingarten Nostat, Inc. 2600 Citadel Plaza Drive, #125 Houston, TX 77008 LOCATION: 4200 Chino Hills Parkway, Suite 400 226/252 Meeting Date: May 21, 2019 Page: 2 SUBJECT: CONDITIONAL USE PERMIT 19CUP01 – INFUZION ZONE FAMILY ENTERTAINMENT CENTER AT CHINO HILLS MARKETPLACE APN: 1025-231-07 SITE DESCRIPTION Project Area: 10,160 square feet Terrain: Flat Existing Land Use: Retail/Commercial Center Overlay District: None General Plan: Commercial Sewer Service: City of Chino Hills Zoning: General Commercial (C-G) Water Service: City of Chino Hills Location Land Use General Plan Designation Zoning Site Retail/Commercial Center Commercial General Commercial (C-G) North Southern California Edison Substation Institutional/Public Facility Institutional – Public (I-2) South Chino Hills Parkway, Retail/Commercial Center, and Apartments Commercial and High Density Residential Planned Development (PD) 41-149 (Commercial and Multi-Family Residential) East State Route 71 freeway and the City of Chino N/A N/A West Pipeline Avenue and Retail/Office Centers Commercial General Commercial (C-G) and Neighborhood Commercial (C-N) VICINITY MAP Project Site 227/252 Meeting Date: May 21, 2019 Page: 3 SUBJECT: CONDITIONAL USE PERMIT 19CUP01 – INFUZION ZONE FAMILY ENTERTAINMENT CENTER AT CHINO HILLS MARKETPLACE BACKGROUND On February 15, 2019, the applicant, Anthony Burns (on behalf of JERMAR 29:11 Inc.), submitted a Conditional Use Permit application to allow the operation of a 10,160-square foot family entertainment center. Described by the applicant as a family entertainment center, Infuzion Zone would consist of a laser tag arena, virtual reality and arcade games, a café serving prepackaged and/or frozen foods, two party rooms for private events, and a soft play area for younger children . Pursuant to Appendix A (Regulation of Uses by Zoning District) of the Chino Hills Municipal Code (CHMC), a Conditional Use Permit is required to allow the operation of an entertainment center within the General Commercial (C-G) zoning district. PROJECT PROPOSAL The applicant proposes to develop and operate a 10,160-square foot entertainment center within the Chino Hills Marketplace shopping center, located at 4200 Chino Hills Parkway, Suite 400. The attractions and operations within the facility will include the following: Laser Tag Arena o Approximately 3,794 square feet o Proposed maximum of 30 players in the arena at a time o Each session lasts approximately 30 minutes o At least one staff member will monitor gameplay from within the arena at all times Virtual Reality Games o Approximately 400 square feet o Games designed to accommodate one to four players at a time o Supervised by one staff member Arcade o Approximately 1,257 square feet o Between 20 and 25 card-operated arcade games Soft Play o Approximately 675 square feet o Play area and soft play structure for younger children (2 to 7 years old) to play while older siblings are utilizing the arcade or laser tag arena o Supervision will be provided by parents Café o Serving concession-type food (e.g. pizza, hotdogs, chicken nuggets and wings, French fries, sandwiches, and salads) o Kitchen facilities will include a microwave and self -contained fryer/oven 228/252 Meeting Date: May 21, 2019 Page: 4 SUBJECT: CONDITIONAL USE PERMIT 19CUP01 – INFUZION ZONE FAMILY ENTERTAINMENT CENTER AT CHINO HILLS MARKETPLACE  Party Rooms o Two party rooms, each approximately 302 square feet, provide space for private celebrations, including birthday parties, team sport celebrations, corporate team building events, and other similar events o Average party size of 12 children and their parents The applicant is proposing to operate the business during the following hours: Monday thru Thursday 11:00 a.m. to 7:00 p.m. Friday 11:00 a.m. to midnight Saturday 10:00 a.m. to midnight Sunday 10:00 a.m. to 7:00 p.m. The applicant indicates that staffing needs will vary between the weekdays and weekends with up to 15 staff members and 2 managers anticipated to be on duty during periods of peak demand. Based on the applicant’s observation of similar existing facilities in other communities and the scheduling of parties and events, the applicant anticipates that as many as 150 customers (children and parents) may utilize the facility during peak times. To ensure public safety and security, staff members will be assigned to monitor activity within all areas of the facility during business hours. Parents are required to remain onsite to supervise their children. All customers are required to sign a waiver at the reception desk upon entering the business; the reception desk also monitors the number of customers in the business (Exhibit “C”). GENERAL PLAN AND ZONING CONSISTENCY The project site is identified as Commercial on the General Plan Land Use Map and is zoned General Commercial (C-G). Pursuant to Title 16, Appendix A (Regulation of Uses by Zoning District) of the CHMC, the operation of an entertainment center is subject to the review and approval of a Conditional Use Permit. Approval of the proposed project furthers Goal LU-2: Balance Residential with Commercial, Business, and Public Land Uses. In providing the applicant the opportunity to develop and operate the proposed entertainment center in Chino Hills, the City furthers its goals of balancing land uses. Therefore, the approval of Conditional Use Permit 1 9CUP01, subject to the attached Conditions of Approval, would be consistent with the General Plan. PROJECT ANALYSIS The proposed project would be located within a vacant suite in an existing building and will not alter the existing setbacks, height, or elevations. The use would utilize the center’s existing access, circulation, and parking improvements. The existing shopping center provides approximately 1,704 parking spaces, which are distributed throughout the center with a large concentration of spaces located in the center of the site. The CHMC requires the provision of parking for a general retail development at a ratio of one parking space per 250 square feet of building area; a t approximately one parking space for every 188 square feet of net building area, the shopping center exceeds the minimum parking ratio by 424 parking spaces. Based on the project’s proximal location, customers are 229/252 Meeting Date: May 21, 2019 Page: 5 SUBJECT: CONDITIONAL USE PERMIT 19CUP01 – INFUZION ZONE FAMILY ENTERTAINMENT CENTER AT CHINO HILLS MARKETPLACE anticipated to utilize the large parking field in the center of the development containing approximately 430 parking spaces, which staff has observed to be generally open and available during normal business hours. At 10,160-square feet, the parking provided for the proposed project is 41 parking spaces at the one space per 250 square feet of floor area, or 54 spaces at the existing parking ratio of the center (one space per 188 square feet). Assuming an average of three persons per vehicle, 50 parking spaces would be needed to accommodate 150-customer maximum occupancy, which generally conforms to the parking provided for the suite as discussed above. As such the proposed use is not anticipated to adversely affect the parking supply available for other uses in the center. The proposed use would be open until 7:00 p.m. Sunday through Thursday and until midnight on Friday and Saturday. The uses in the immediate vicinity of the proposed project include a supermarket, pharmacy, restaurants, and retail businesses. The retail uses in the project’s vicinity generally close between 7:00 p.m. and 10:00 p.m. and the restaurants are generally close between 10:00 p.m. and midnight, with a couple of the fast food restaurants open until 2:00 a.m. or open 24-hours a day. The nearest residential use is approximately 500 feet away from the project site and is separated by a portion of the Chino Hills Marketplace shopping center and Chino Hills Parkway. The hours of operation proposed for the project are not anticipated to adversely impact the surrounding uses or any residential properties. The project will be conditioned to comply with the maximum occupancy and hours of operations as listed above. FINDINGS In this matter, the Planning Commission must make the findings set forth below pursuant to Section 16.38.50 of the CHMC. Staff has analyzed the facts and recommends that the Planning Commission adopt the reasoning set forth below regarding each of the follo wing findings on Conditional Use Permit 19CUP01. A.FINDING: That the proposed conditional use is consistent with the General Plan. FACT: The project site is identified as Commercial on the General Plan Land Use Map and is zoned General Commercial (C-G). Pursuant to Title 16, Appendix A (Regulation of Uses by Zoning District) of the CHMC, the operation of an entertainment center is permitted in a General Commercial zone subject to the review and approval of a Conditional Use Permit. Approval of the proposed project furthers Goal LU-2: Balance Residential with Commercial, Business, and Public Land Uses. In providing the applicant the opportunity to develop and operate the proposed entertainment center in Chino Hills, the City furthers its goals of balancing land uses. Therefore, the approval of Conditional Use Permit 19CUP01, 230/252 Meeting Date: May 21, 2019 Page: 6 SUBJECT: CONDITIONAL USE PERMIT 19CUP01 – INFUZION ZONE FAMILY ENTERTAINMENT CENTER AT CHINO HILLS MARKETPLACE subject to the attached Conditions of Approval, would be consistent with the General Plan. B.FINDING:That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the proposed use will not adversely affect or be materially detrimental to these adjacent uses, buildings or structures. FACT: The nature, condition, and development of adjacent uses, buildings and structures have been considered and the proposed entertainment center use will not adversely affect or be materially detrimental to these adjacent uses, buildings or structures as the proposed entertainment center is proposed within a vacant suite in an existing commercial center that has a wide variety of businesses. The proposed use will provide an additional type of service within the existing commercial center. Further, the entertainment center is conditioned as referenced herein, to ensure that the project does not negatively impact adjoining land uses. C.FINDING:That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. FACT: The existing Chino Hills Marketplace shopping center is approximately 27 acres and includes multitenant buildings that are of adequate size to accommodate the proposed entertainment center use. The proposed business will be located within Suite 400, which is approximately 10,160 square feet of an existing multitenant building. D.FINDING:That the proposed conditional use complies with all applicable development standards and the requirements of the zoning district. FACT: Pursuant to Title 16, Appendix A (Regulation of Uses by Zoning District) of the CHMC, the operation of an entertainment center is permitted in a General Commercial zone subject to the review and approval of Conditional Use Permit. Section 16.02.170 of the CHMC defines “entertainment center” to mean a commercial center or complex containing a variety of family-oriented entertainment uses, predominated by uses which occur indoors. Examples of uses in this type of center could include motion picture theaters, arcades, and gift shops. The proposed entertainment center will consist of a laser tag arena, virtual reality and arcade games, a café serving prepackaged and/or frozen foods, two party rooms for private events, and a soft play area for younger children; thus, it meets the definition of 231/252 Meeting Date: May 21, 2019 Page: 7 SUBJECT: CONDITIONAL USE PERMIT 19CUP01 – INFUZION ZONE FAMILY ENTERTAINMENT CENTER AT CHINO HILLS MARKETPLACE an “entertainment center” under the CHMC. The proposed entertainment center, with approval of a Conditional Use Permit and conditions as imposed, complies with all applicable development standards in that the project is for a business use only and no exterior modifications are being proposed to the existing multitenant building within the existing Chino Hills Marketplace shopping center. The existing multitenant building and overall shopping center comply with the applicable development standards of the General Commercial (C-G) zoning district. E. FINDING: That the proposed use observes the spirit and intent of the Development Code. FACT: With approval of Conditional Use Permit 19CUP01, the proposed use is consistent with the requirements of the General Commercial (C-G) zoning district, which allows an entertainment center subject to the approval of a conditional use permit. Additionally, the Conditions of Approval, as referenced herein, are imposed on the project to ensure that the spirit and intent of the Development Code are observed. ENVIRONMENTAL DETERMINATION Staff has determined that the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Existing Facilities of the CEQA Guidelines. The proposed project would allow the operation of an entertainment center within a vacant suite at a developed shopping center. Therefore, staff has determined that the project is exempt from review under CEQA. PUBLIC COMMENTS A courtesy public notice was mailed to property owners within a 300-foot radius of the project site on March 20, 2019. The City received one response to the notice, which expressed concern that the proposed use would negatively affect the existing traffic flow in the area surrounding the project site. Notice of the public hearing regarding this project was mailed to property owners within a 300-foot radius of the project site on May 10, 2019. The description of the proposal and the hearing date were published in the Chi no Hills Champion on May 11, 2019. As of the preparation of this report, staff has not received any comments. 232/252 233/252 1 OF 5 RESOLUTION NO. PC 2019 – __ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHINO HILLS, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 19CUP01 FOR THE OPERATION OF A FAMILY ENTERTAINMENT CENTER AT 4200 CHINO HILLS PARKWAY, SUITE 400 AND DETERMINING THAT THE PROJECT IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE PLANNING COMMISSION OF THE CITY OF CHINO HILLS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does hereby make the following findings of fact: A The applicant, Anthony Burns (on behalf of JERMAR 29:11 Inc.), requested approval of Conditional Use Permit 19CUP01 to allow the operation of a 10,160-square foot family entertainment center within the Chino Hills Marketplace shopping center, located at 4200 Chino Hills Parkway, Suite 400. B.The project is located at 4200 Chino Hills Parkway, Suite 400. It is identified as Assessor’s Parcel Number (APN) 1025-231-07, as shown in the latest records of the Office of the Tax Assessor of the County of San Bernardino. C.The project site has a General Plan designation of Commercial and is zoned General Commercial (C-G). D.The proposed project is categorically exempt from the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) pursuant to Section 15301 of the CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.). The proposed project would allow the operation of an entertainment center within a vacant suite at a developed shopping center. Therefore, staff has determined that the project is exempt from review under CEQA. E.Notice of the public hearing regarding this project was mailed to property owners within a 300-foot radius of the project site on May 10, 2019. The description of the proposal and the hearing date were published in the Chino Hills Champion on May 11, 2019. F.The Planning Commission of the City of Chino Hills held a duly noticed public hearing on May 21, 2019, to review and consider the staff report prepared for the project, receive public testimony, and review all correspondence received on the project. 234/252 2 OF 5 SECTION 2. Based upon oral and written testimony and other evidence received at the public hearing held for the project, and upon studies and investigations made by the Planning Commission and on its behalf, the Planning Commission does hereby make the following findings on Conditional Use Permit 18CUP03 pursuant to Sections 16.68.050 of the Development Code, as follows: A.FINDING: That the proposed conditional use is consistent with the General Plan. FACT: The project site is identified as Commercial on the General Plan Land Use Map and is zoned General Commercial (C-G). Pursuant to Title 16, Appendix A (Regulation of Uses by Zoning District) of the CHMC, the operation of an entertainment center is permitted in a General Commercial zone subject to the review and approval of a Conditional Use Permit. Approval of the proposed project furthers Goal LU-2: Balance Residential with Commercial, Business, and Public Land Uses. In providing the applicant the opportunity to develop and operate the proposed entertainment center in Chino Hills, the City furthers its goals of balancing land uses. Therefore, the approval of Conditional Use Permit 19CUP01, subject to the attached Conditions of Approval, would be consistent with the General Plan. B.FINDING:That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the proposed use will not adversely affect or be materially detrimental to these adjacent uses, buildings or structures. FACT: The nature, condition, and development of adjacent uses, buildings and structures have been considered and the proposed entertainment center use will not adversely affect or be materially detrimental to these adjacent uses, buildings or structures as the proposed entertainment center is proposed within a vacant suite in an existing commercial center that has a wide variety of businesses. The proposed use will provide an additional type of service within the existing commercial center. Further, the entertainment center is conditioned as referenced herein, to ensure that the project does not negatively impact adjoining land uses. C.FINDING:That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. 235/252 3 OF 5 FACT: The existing Chino Hills Marketplace shopping center is approximately 27 acres and includes multitenant buildings that are of adequate size to accommodate the proposed entertainment center use. The proposed business will be located within Suite 400, which is approximately 10,160 square feet of an existing multitenant building. D. FINDING: That the proposed conditional use complies with all applicable development standards and the requirements of the zoning district. FACT: Pursuant to Title 16, Appendix A (Regulation of Uses by Zoning District) of the CHMC, the operation of an entertainment center is permitted in a General Commercial zone subject to the review and approval of Conditional Use Permit. Section 16.02.170 of the CHMC defines “entertainment center” to mean a commercial center or complex containing a variety of family-oriented entertainment uses, predominated by uses which occur indoors. Examples of uses in this type of center could include motion picture theaters, arcades, and gift shops. The proposed entertainment center will consist of a laser tag arena, virtual reality and arcade games, a café serving prepackaged and/or frozen foods, two party rooms for private events, and a soft play area for younger children; thus, it meets the definition of an “entertainment center” under the CHMC. The proposed entertainment center, with approval of a Conditional Use Permit and conditions as imposed, complies with all applicable development standards in that the project is for a business use only and no exterior modifications are being proposed to the existing multitenant building within the existing Chino Hills Marketplace shopping center. The existing multitenant building and overall shopping center comply with the applicable development standards of the General Commercial (C-G) zoning district. E. FINDING: That the proposed use observes the spirit and intent of the Development Code. FACT: With approval of Conditional Use Permit 19CUP01, the proposed use is consistent with the requirements of the General Commercial (C-G) zoning district, which allows an entertainment center subject to the approval of a conditional use permit. Additionally, the Conditions of Approval, as referenced herein, are imposed on the project to ensure that the spirit and intent of the Development Code are observed. 236/252 4 OF 5 SECTION 3. Based on the findings and conclusions set forth above, t he Planning Commission of the City of Chino Hills does hereby approve Conditional Use Permit 19CUP01, subject to the Conditions of Approval dated May 21, 2019, labeled as Exhibit “A” and incorporated herein by this reference. SECTION 4. The Planning Commission Secretary shall certify to the adoption of this resolution. ADOPTED AND APPROVED this 21st day of May 2019. ____________________________ SHERAN VOIGT, CHAIR ATTEST: __________________________________ EMILY ORTIZ PLANNING COMMISSION SECRETARY APPROVED AS TO FORM: ____________________________________ ELIZABETH M. CALCIANO ASSISTANT CITY ATTORNEY 237/252 5 OF 5 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF CHINO HILLS ) I, EMILY ORTIZ, Planning Commission Secretary of the City of Chino Hills, do hereby certify that the foregoing Resolution No. PC 20 19-__ was duly passed and adopted at a regular meeting of the Chino Hills Planning Commission held on the 21st day of May 2019, by the following roll call vote, to wit: AYES: COMMISSION MEMBERS: NOES: COMMISSION MEMBERS: ABSENT: COMMISSION MEMBERS: EMILY ORTIZ PLANNING COMMISSION SECRETARY 238/252 City of Chino Hills 1 of 3 May 21, 2019 Exhibit “A” CITY OF CHINO HILLS Conditions of Approval Conditional Use Permit 19CUP01 Infuzion Zone Family Entertainment Center 4200 Chino Hills Parkway, Suite 400 COMMUNITY DEVELOPMENT DEPARTMENT ONGOING/INFORMATIONAL: 1. This Conditional Use Permit (CUP) shall become null and void if all conditions of approval have not been complied with and the Permit is not used within one (1) year of the date of approval. The Planning Commission may grant one extension of time for a period not to exceed one (1) year, provided an application requesting the extension is filed with the Planning Division no less than 30 days prior to the expiration of the Permit. “Used” as referred to in this Condition means the commencement of substantial construction activity or any activity authorized by the approval. If an extension of time is not granted, the CUP shall expire and a new application shall be required. 2. In addition to the City’s right to revoke or revise this Conditional Use Permit for violation of any of the conditions herein, pursuant to Section 16.68.080 of the Chino Hills Development Code, the City, its Planning Commission and its City Council retain and reserve the rights and jurisdiction to review and modify all Conditional Use Permits approved by the City, including the conditions of approval, based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the business, a change in scope, emphasis, size, or nature of the business, or the expansion, alteration, reconfiguration, or change of use. The reservation of right to review any permit granted or approved under Section 16.68.080 of the Chino Hills Development Code by the city, its Planning Commission, and City Council is in the addition to, and not in lieu of, the right of the city, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under this chapter for any violations of the conditions imposed on such permit. 3. The applicant or its successors in interest shall indemnify, protect, defend (with legal counsel reasonably acceptable to the City), and hold harmless, the City, and any agency or instrumentality thereof, and its elected and appointed officials, officers, employees, and agents from and against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs, and expenses of whatever nature, including reasonable attorney’s fees and disbursements (collectively “Claims”) arising out of or in any way relating to this project, any discretionary approvals granted by the City related to the development of the project, or the environmental review conducted under California Environmental Quality Act, 239/252 Conditional Use Permit 19CUP01 Infuzion Zone Family Entertainment Center Conditions of Approval City of Chino Hills 2 of 3 May 21, 2019 Public Resources Code Section 21000 et seq., for the project. If the City Attorney is required to enforce any conditions of approval, the applicant shall pay for all costs, including attorney’s fees. 4.Construction hours and operations shall be as follows: a.Construction shall be limited to the hours of 7:00 a.m. to 7:00 p.m. on Monday through Friday, 8:00 a.m. to 6:00 p.m. Saturday, and shall be prohibited on Sundays and City listed Federal holidays in order to minimize disruption to existing residential neighborhoods. b.During construction, best efforts shall be made to locate stockpiling and/or vehicle staging areas as far as practicable from existing residential dwellings. c.All construction vehicles or equipment, fixed or mobile, operated within 1,000 feet of a dwelling unit shall be equipped with properly operating and maintained mufflers. 5.All roof-mounted equipment shall be architecturally screened from ground level view (from the parking area and adjacent public right-of-way by the parapet wall). All building drainage gutters, down spouts, vents, etc. shall be concealed from view within exterior walls or by the parapet wall. Ladders for roof access shall be mounted on the inside of the buildings. 6.All utility, mechanical (excluding roof-mounted equipment), and electrical equipment, including fire risers, shall be enclosed within the building. 7.The project shall be in substantial conformance with all of the Conditions of Approval and the project plans labeled as Exhibit “B” and incorporated herein by reference. No modification to the site plan, design plan, or the Conditions of Approval shall be permitted without the approval of the Community Development Director or his/her designee based on a finding that the modification substantially complies with the above. 8.The project shall be operated in substantial conformance with the business plan labeled as Exhibit “C” and incorporated herein by reference, including, but not limited to, the following provisions: a.The hours of operation for the project shall be as follows: Monday through Thursday 11:00 a.m. to 7:00 p.m. Friday 11:00 a.m. to midnight Saturday 10:00 a.m. to midnight Sunday 10:00 a.m. to 7:00 p.m. b.Persons under the age of 18 shall be accompanied by at least one (1) adult (18 years of age or older) within the entertainment center at all times. c.The maximum occupancy of the project at any given time shall be 150 persons. 240/252 Conditional Use Permit 19CUP01 Infuzion Zone Family Entertainment Center Conditions of Approval City of Chino Hills 3 of 3 May 21, 2019 9. Exterior signs proposed for the project require a separate sign permit and shall be designed to conform to the approved sign program for Chino Hills Marketplace and the sign provisions of the Chino Hills Development Code. 10. Signage shall be posted in the “soft play” area indicating that parental supervision is required at all times for children using the “soft play” area. 11. The sale and consumption of alcoholic beverages on the premises shall be prohibited. The applicant and/or operator of the project shall construct and post signage within the facility in a manner that is visible to customers indicating, ‘Drinking of alcoholic beverages is prohibited within this establishment’, prior to occupancy. The location, design, and size of the sign shall be subject to review and approval by the Community Development Director or designee. 12. The business shall comply with the Chino Hills Municipal Code Chapter 9.12 – Curfew. Minors may not enter or remain on the premises unless accompanied by a parent or legal guardian after 10:00 p.m. 13. All areas within the project site shall be maintained free of trash and debris. 14. Any graffiti shall be removed within twenty-four (24) hours of being reported. Further, the Applicant shall apply a coating to all perimeter walls that facilitates the removal of any graffiti 15. Noise emanating from the project shall not exceed the noise standards as listed in Chapter 16.48 of the City’s Development Code and shall be in compliance with all requirements as stated in the Municipal Code. 16. Trust Deposit Accounts shall show no deficits. If the Trust Deposit Account(s) associated with the project shows a negative balance, the project construction shall cease, including inspections, until such time as the sufficient funds are deposited to return the account(s) to a positive balance. 17. Prior to construction, the applicant shall submit building plans and applications to the Building & Safety Division for review and shall obtain a building permit. CHINO VALLEY FIRE DISTRICT 18. The applicant shall comply with the conditions in the transmittal from the Chino Valley Fire District for Permit 2019-00000230, dated May 14, 2019, a copy of which is attached hereto and incorporated into these Conditions of Approval by this reference END OF SEQUENTIAL CONDITIONS Project Manager: Ryan Gackstetter 241/252 242/252 243/252 1 About Infuzion Zone In 2017 founding parents/partners Deanna and Axel Margaritha established JERMAR 29:11 Inc., DBA Infuzion Zone, a Laser Tag family entertainment center. The owners’ vision is to create a safe community environment where guests of all ages can have fun. Infuzion Zone will be located at 4200 Chino Hills Parkway, Suite 400, Chino Hills, CA. The family entertainment center will include laser tag, arcade, soft play, and a small concession area. Infuzion Zone’s target guests ages 7 – 97+ 😊 that will enjoy individual play time, birthday parties, sport celebrations or company team building activities. W aivers are required for all guests entering Infuzion Zone, playing guest and non-playing guests alike need to have a waiver on file before entering Infuzion Zone. Waiver includes strict acknowledgement that a parent or guardian must be present with children. Personal comment: The positive feedback from residents, business owners and educators in the community has been so heart-warming. As we participated in community events, we’ve been asked to partner with PTAs for fundraisers, homeschool communities for social events, school educators for academic incentive programs and so many other wonderful opportunities to engage the students in a positive manner. We are a Chino Valley Chamber member and have hit the ground running participating in various chamber events. My hubby and I are very excited to open in Chino Hills and look forward to building strong community partnerships. Attractions Laser Tag Play is approximately 30 minutes which include briefing, vesting and arena play for a total space of 3,974 sq. ft. The maximum number of players for each round of laser tag play is 24-30 players. 1.Briefing Room, 162 sq. ft. Players must enter the briefing room first to hear required instructional and safety message. Safety instructions includes, no running, no climbing on props and no rough play. 2.Vesting Room, 300 sq. ft. After briefing, players are sent to the vesting room where each player will suit up in their vest with phaser (laser gun). Each phaser is attached to vest for all players to have complete control of their range of motion during play. 3.Arena, 3,512 sq. ft. After suiting up in the vesting room, the game moderator (Infuzion Zone employee) and the players enter the arena for play. There is a maximum of 24- 30 players allowed in the arena during a single round. This allow the players to move around the arena freely during game and ensure safety in the arena during play. An Infuzion Zone employee will remain inside the arena during the active games to reinforce game play rules such as no running, no climbing and no rough play. Exhibit "C" 244/252 2 Virtual Reality & Arcade The Virtual Reality (VR) and arcade games occupy 1,657 sq. ft space within the suite. There are projected 20-25 games in the space. The arcade games are the traditional 1-2 player games where the players swipe their game card (not coin operated) to play an electronic game. The virtual reality games are individual player or maximum 4 player simulated game s. VR is not enclosed in a room but rather occupies 400 sq. ft open space in the arcade area. The VR games are stationary and do not allow for movement throughout the facility. Infuzion Zone will have two types of VR: VR Standing Emersion: The VR headsets are tethered by cable to a mounted steel bracket. The guest is standing up, wearing the tethered headset and using game controls in each hand. The guest is limited in movement because the headsets are attached by cable to the overhead steel mount. The guest can only move the length of the headset cable which will be limited to the VR game area. VR Seated Emersion: The guest is seated in a simulated cockpit. This is a stationary game like a stationary race car video game. The guest can only play the game seated in the cockpit. Soft Play In the back of the suite there is 675 sq. ft space dedicated to soft play for kids 2 - 7 years old (or older). W e recognize that families may have kids younger than the target age demographic (7yrs+) so the soft play area is for the younger kiddos to have fun. The soft play structure is built sturdy with weight capacity for kids and the occasional parent that might also need to climb into the structure. The soft play and adjacent area will have adequate seating for parents to monitor their child’s play. Parents are required to be on the premises; especially for the younger children in the soft play area. Café – will open post grand opening. In the 286 sq. ft café we will serve concession food: Pizza, hotdog, chicken nuggets/wings, french fries , sandwiches and salads. Food is pre-packed or frozen. The food is prepared in a microwave or a self-contained automated ventless fryer/oven that keeps all oil fully enclosed: https://www.autofry.com. The ovens do not require a hood or vent. Infuzion Zone employees are not exposed to open oil or open flame while preparing the food. (similar to the Potato Corner kiosk located in center (hallway) of the Ontario Mills Mall near Rainforest Café) 245/252 3 Party Rooms / Offices Infuzion Zone will have 2 private rooms, each 302 sq. ft. The rooms are used for private celebrations such as birthday party, sport team celebration, club meet up or corporate team building. Reservations for the rooms are pre-schedule, on-line (or can all in). The rooms are reserved for a designated amount of time. This allows staff to manage guest capacity in the game center as we rotate the groups (such as birthday parties) at designated intervals. Operations Check In / Reception Upon entering Infuzion Zone there is a ½ wall that separates the reception check in area and entering the game area. All guest must check in at the reception area prior to entering the facility game area. The Point of Sale (POS) system used at the check in area allows us to track the number of people checked into the facility. In the event Infuzion Zone is nearing capacity the Reception ist will inform management. A member of the management team will move to the reception area to alert walk in guests as they arrive that the facility is at capacity and invite the walk -in guest to return at a later time or another day . WALK IN GUEST: The Receptionist will gather guest information such as name, email, birthday and check that everyone in their party has a current, signed waiver on file. If the guests do not have a signed waiver they will be asked to step aside and t o complete the waiver before proceeding with the check in process. After all information is complete, the guest will return to the front desk reception to make their purchase for play and be allowed into the game area. BIRTHDAY/PRIVATE PARTY: All part y reservations are pre-scheduled , online prior to date of the event. The online reservation process includes a link for all guest to read and sign their waiver prior to event. Upon arrival to Infuzion Zone, the staff will check in all guest, and validate signed waivers are on file for each guest. After all information is complete, the guests will enter the game area. Staffing Infuzion Zone will hire 20-25 full/part time employees, various shifts, to support daily operations. Monday – Thursday: 6 staff + 1 manager Friday – Sunday: 15 staff + 2 managers 246/252 4 Safety / Security Infuzion Zone staff will be trained on the specific equipment in the center. Additionally, staff will receive safety and security training as well as CPR and First Aid training annually. All areas of the facility will be monitored for safety and security of our guests during business hours. The Receptionist will have clear view of everyone entering the facility. The staff assigned to the arcade floor will walk around the facility to moni tor game play and be on the lookout for any suspicious activity at which time staff will alert management. Specifically, during our peak times, which are typically on the weekend, we will have staff assigned to designated areas: 2 people for laser tag, 2 people for the arcade/virtual reality area, 1-2 people at reception, and a member of the management team roaming throughout the facility. There will also be an electronic monitoring system in place for hours when the business is not in operation. Hours of Operation Monday – Thursday 11:00am - 7:00pm Friday 11:00am - 8:00pm* Saturday 10:00am - 8:00pm* Sunday 10:00am - 8:00pm* *The facility is available for private party or special event after 8:00pm daily. Peak hours are expected Fridays 6:00pm - 8:00pm; Saturday & Sunday 12:00pm -7:00pm and Holidays. During peak hours we anticipate 100-150 guests (adults and children) of which most of the guests are attending a birthday party. The guest estimates are derived from: •Customer traffic patterns obtained from other laser tag sites in the industry Erik Guthrie, VP Zone Laser Laser Tag Owner multiple locations 15+ years industry experience Contact info: erik@lasertag.com / ph:317-965-9482 •Birthday party data analysis provided by Party Center Software. Megan Hawkins, Customer Success Consultant Party Center Software, online party booking software & data analytics Contact info: megan@partycentersoftware / ph: 916-226-4062 Infuzion Zone will offer special events for approximately 225 guests; school field trips, church youth groups or other large groups. The groups typically travel via chartered bus or carpool which will limit the impact to shopping center parking. The special large group events will be hosted quarterly. 247/252 5 Projected Guest Visit Pattern Impact to adjacent businesses Infuzion Zone anticipates businesses in the shopping center to have an uptick in sales. •Grocery Store increase in sales from Mom/Dads purchasing ‘oh I forgot’ grocery items or gift cards (birthday gift). •Fast Food restaurants increase in sales from hungry customers after a couple hours of game play. •Bakery increase in sales for birthday cakes (convenience to pick up cake next to birthday party venue). 248/252 249/252 250/252 251/252 252/252