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HomeMy WebLinkAboutPC RES 4139RESOLUTION NO. 4139 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 09-033 AUTHORIZING THE ESTABLISHMENT OF A VIDEO ARCADE WITHIN A 1,200 SQUARE FOOT SUITE AT AN EXISTING COMMERCIAL CENTER (MAKENA SQUARE) LOCATED AT 14001 NEWPORT AVENUE, SUITE B. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A proper application was filed by Paul Thinh and Alex Thinh of Game Stars requesting authorization to operate a video arcade within a 1,200 square foot suite at an existing commercial center (Makena Square) located at 14001 Newport Avenue, Suite B. B. The site is designated as Old Town Commercial by the City General Plan, which provides for a variety of commercial uses and is zoned Central Commercial with Combining Parking (C-2 P), which allows video arcades with the approval of a Conditional Use Permit. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. The existing tenant suite is located in a commercial center with a variety of retail and commercial uses. The characteristics of the use and hours of operation would be similar to other businesses in the vicinity. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 09-033 on January 26, 2010, by the Planning Commission. E. 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) Tustin City Code Section 9233c(a.1) allows the operation of a video arcade within the Central Commercial with Combining Parking (C-2 P) zoning district with the approval of a Conditional Use Permit. 2) Appropriate conditions are included to ensure the business is operated in compliance with Tustin City Code and representations by the applicant and to ensure compatibility with the surrounding commercial and residential uses. 3) The center was parked at a ratio of one (1) space per two hundred (200) square feet and current City parking standards require one (1) space per Resolution No. 4139 Page 2 two hundred (200) square feet for arcade uses. Therefore, no additional parking spaces will be required. 4) The hours of operation are 11:00 AM to 10:00 PM, seven (7) days per week, which is consistent with the hours of operation for other commercial uses in the area. 5) The Tustin Police Department has reviewed the application and has provided recommended conditions that have been incorporated into the resolution. F. This project is Categorically Exempt pursuant to Section 15301, Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 09-033 authorizing the establishment of a video arcade within a 1,200 square foot suite at an existing commercial center (Makena Square) located at 14001 Newport Avenue, Suite B. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 26th day of January, 2010. STEV O K Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4139 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 26th day of January, 2010. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION N0.4139 CONDITIONAL USE PERMIT 09-033 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped January 26, 2010, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 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) 1.3 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) 1.4 Approval of Conditional Use Permit 09-033 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 Director of Community Development, 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 the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.6 Conditional Use Permit 09-033 may be reviewed on an annual basis, or more often if necessary, 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 Conditional Use Permit 09-033, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. JuUKt;t (:VUES (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 Exhibit A Resolution No. 4139 Page 2 (1) 1.7 As a condition of approval of Conditional Use Permit 09-033, the applicant shall agree, at its sole cast 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 the defense of any such action under this condition. (1) 1.8 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. USE RESTRICTIONS (1) 2.1 The hours of operation shall be limited to the 11:00 am to 10:00 pm, seven (7) days per week. 4 Modifications to the hours of operation may be approved by the Community Development Director if it is determined that no impact to the surrounding tenants or properties will occur. *** 2.2 If in the future the City determines that a problem exists on the site or in the vicinity as a result of the proposed project and hours of operation, the Community Development Director or Chief of Police may require the applicant to provide immediate interim and permanent mitigation measures, including reducing the hours of operation, to be reviewed and approved by the Community Development Department and the Police Department. *** 2.3 This facility shall operate as a video arcade, defined as an establishment containing a collection of video games that can be played by a customer for a fee, only. Operation as a cyber cafe, defined as a cafe from which customers can access the Internet while eating and drinking, is prohibited. All Internet access at this establishment shall be limited to that necessary for gaming purposes. All other Internet access is prohibited. (1) 2.4 "No Loitering" signs shall be placed near the entrance on the outside of the premises or in other specified locations. (1) 2.5 No person shall be permitted to consume alcoholic beverages on the premises. The sale of cigarettes and alcohol on the premises is prohibited. No intoxicated or disorderly person shall be allowed to remain on the premises. Exhibit A Resolution No. 4139 Page 3 t *~`* 2.6 There shall be a minimum of one (1) employee managing the arcade during all business hours. The ratio of employees to customers shall be 1:30. During each employee's working hours, the employee shall wear a badge identifying the business and the employee's full name. (3) 2.7 Occupancy shall not exceed forty-nine (49) persons, as required under the California Building Code and California Fire Code. The maximum occupancy load shall be posted at the main entrance. *** 2.8 The arcade shall maintain and operate acamera/video surveillance system during all business hours. The system shall cover the entire interior of the premises, all entrances to and exits from the arcade, and the parking lot adjacent to the business. Prior to installation, the surveillance system and cameras shall be reviewed and approved by the City of Tustin Police Department. Tapes/disks shall be kept a minimum of seventy-two (72) hours. The owners shall license the City to inspect the tapes/disks during business hours. A sign shall be posted inside and at the entrances to the establishment indicating that the premises are under camera/video surveillance. (3) 2.9 The owner shall submit and receive approval of a fire exit plan from the Orange County Fire Authority. The plan shall address all existing requirements of the California Building Code and Califomia Fire Code. This includes, but is not limited to, providing an exit plan showing equipment location, aisle locations and dimensioned widths, and having approved exit doors and panic hardware. In addition, the owner shall install an emergency disconnect switch that is capable of disconnecting all power from all computers, televisions, game stations, and sound systems to be used in case of emergency. *~ 2.10 Window areas shall not be covered or made opaque in any way, excepting during daylight hours when blinds or other equivalent window coverings may be used. ''`~ 2.11 The Chief of Police may require security guard(s) be provided on the premises, at the expense of the arcade owner and/or operator, in the event there are repeated calls for police services relating to the premises and including, but not limited to, assaults, gang activity, weapons offenses, disturbances of the peace, and juvenile crimes including truancy. *** 2.12 Adequate lighting levels shall be utilized to discourage criminal activity both inside of the arcade and in the parking lot adjacent to the business. The Chief of Police may require additional lighting to be provided, at the expense of the arcade owner and/or operator, in the event there are repeated calls for police services relating to the premises and including, but not limited to, assaults, gang activity, weapons offenses, disturbances of the peace, and juvenile crimes including truancy. Exhibit A Resolution No. 4139 Page 4 *** 2.13 No gang members, as identified by the Tustin Police Department, shall be allowed to congregate inside the business or the adjacent parking lot. *** 2.14 Any access to adult-oriented material, including, but not limited to, web sites, software, games, and advertising, is prohibited. (1) 2.15 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. *** 2.16 No gaming tournaments for cash prizes shall be permitted. *** 2.17 No electronic game machine, computer, or other type of station shall be located in any private area, room, or booth. *** 2.18 User rates and other fees shall be posted in a conspicuous place on the premises. (1) 2.19 No electronic games machine, computer, or other type of station, shall be used for illegal gaming or gambling. The applicant shall be responsible for ensuring customers do not use any electronic game machine, computer, or other type of station, for illegal gaming or gambling. (1) 2.20 The applicant shall provide adequate trash receptacles both inside and outside the building. 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) 2.21 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) 2.22 Ambient noise of the facility shall not exceed the standards of the City of Tustin Noise Ordinance. 2.23 The approval of Conditional Use Permit 09-033 is based upon the submitted business plan. The approval of CUP 09-033 shall become null and void should the applicant cease business operation. (1) 2.24 If in the future the City determines that a parking problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis and bear all associated costs. If the study indicates that there is inadequate parking, the applicant shall be required to provide immediate interim and permanent mitigation measures to be reviewed and approved by the Community Development Department and the Public Works Department. Exhibit A Resolution No. 4139 Page 5 ~ '"`~`* 2.25 All retail sales at the establishment shall be limited to video games, video game consoles, and video game accessories. (1) 2.26 All signs shall comply with the City of Tustin Sign Code FEES (1) 3.1 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 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. (1) 3.2 Prior to issuance of any permits, payment shall be made for all applicable fees, including but not limited to, the following: • Building and Planning Plan Check and Permit Fees • Orange County Fire Authority Review and Inspection Fees