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Home My WebLink AboutPC Minutes 06-21-82TUSTIN PLANNING AGENCY Minutes of Regular Meeting June 21, 1982 The Planning Agency held a regular meeting Monday, June 21, 1982, at 3:00 p.m. in the Council Chambers of the City Hall, 300 Centennial Way, Tustin, California. The meeting was called to order by Chairman Edgar at 3:03 p.m. The Pledge of Allegiance was led by Mrs. Kennedy and the invocation was given by Chairman Edgar. ROLL CALL Present: Edgar, Kennedy, Hoesterey, Absent: Saltarelli, Greinke Also present: William Huston, City Manager Michael Brotemarkle, Community Development Director James Rourke, City Attorney Janet Hester, Recording Secretary MINUTES The minutes of the regular meeting held June 7, 1982, were approved as submitted. PUBLIC HEARINGS: To be held at 7:30 p.m. OLD BUSINESS: None. NEW BUSINESS: 1. Site Plan Review, Truesdail Laboratories, Inc., 14201 Franklin Information item, no action required. Agency accepted Staff report on current status of project. STAFF CONCERNS: 1. Temporary Use Permit/Real Estate Banners After Mr. Brotemarkle presented the Staff report, Mrs. Kennedy moved the Agency authorize the Zoning Administrator to issue one-time, per year, 120-day temporary use permits for banners which relate to real estate sales and leasing. Any extensions for the same location would be subject to review by the Planning Agency. Mr. Hoestery seconded. Motion carried: 3-0 AYES: NOES: ABSENT: EDGAR, KENNEDY, HOESTEREY None SALTARELLI, GREINKE AGENCY CONCERNS: None. ADJOURNMENT: at 3:09 p.m. to 7:30 p.m. meeting The meeting was reconvened at 7:30 p.m. Planning Agency Minutes June 21, 1982 Page 2 ROLL CALL Present: Edgar, Saltarelli, Kennedy, Hoesterey, Absent: Greinke A1 so present: William Huston, City Manager Michael Brotemarkle, Community Development Director Charles Thayer, Police Chief James Rourke, City Attorney Janet Hester, Recording Secretary PUBLIC HEARINGS 1. USE PERMIT 82-15 Applicant: Location: Request: LampPost Pizza 17391 17th Street Authorization to isntall twelve video game machines at 17391 17th Street After Mr. Brotemarkle presented the staff report, Chairman Edgar opened the Public Hearing at 7:32 p.m. Robert & Leslie Ebert, 13832 Fairmont Way, spoke in opposition to the request. They stated they felt that to add any more game machines than the five already present would add to the problems they now experience with noise from the Ralph's parking lot and from dirt bikes in the vacant lot across the street. They presented the Agency with 20 signatures of neighboring residents opposed to the request. Helen Edgar also expressed opposition agreeing with all points made by Mr. & Mrs. Ebert. Jeff Bordok, owner, LampPost Pizza, stated the restaurant had been built with additional games in mind. It was his intention to have ten standing machines which would be contained in the game room and two table models which would be located in the restaurant portion of the building. He felt he had taken all precautions necessary to ensure complete control and supervision. He stated it was his intention to run a restaurant, the games were a secondary use. The Public Hearing was closed at 7:40 p.m. After discussion between Mrs. Kennedy and Chief of Police Thayer, it was determined the problems now experienced at the Ralph's parking lot and the vacant lot had no relationship to arcade games. Mrs. Kennedy requested the residents work closely with police in monitoring the activities. After Agency discussion Mr. Saltarelli moved adoption of Resolution 2037 approving Use Permit 82-15 with the amendment that approval was for ten machines instead of twelve. Mrs. Kennedy seconded. Motion carried: 4-0 AYES: NOES: ABSENT: EDGAR, SALTARELLI, KENNEDY, HOESTERY None GREINKE 2. USE PERMIT 82-12 Applicant: Location: Request: Edward Starnes 17292 McFadden, Suite K To install and maintain video arcade games in conjunction with the operation of a ski store After Mr. Brotemarkle presented the staff report, Chairman Edgar opened the Public Hearing at 7:58 p.m. Planning Agency Minutes June 21, 1982 Page 3 Mary Benson, 17282 Medallion, spoke in opposition to the request. expressed concern regarding traffic, noise and, as a parent, the temptation that would be created for children. She Edward, Starnes, applicant, stated his proposal was not designed to be undesirable and his store would not be a place for children to meet and get in trouble. He wanted the games to supplement his income during the summer months. He conceded the games would be the primary use during the summer, but during the ski season would be a secondary use. Mr. Maurice Lebanoff, owner of the shopping center in which the ski store was proposed spoke in favor of the request. He stated that Mr. Starnes had satisfied him that the games were an appropriate use for the location and felt that the Use Permit process was the Agency's best protection against undesireable activities. He stated he was concerned about children also, but because of the damage they had caused to his property and having a tenant in that particular location would discourage vandalism of the remaining vacant units. The Public Hearing was closed at 8:16 p.m. After Agency discussion regarding the ratio of square footage to number of machines, lack of nearby traffic signals, signing, Mr. Saltarelli moved adoption of Resolution 2038 approving Use Permit 82-12 with the following conditions: no more than 26 machines, the Use Permit valid for one year at which time it would be subject to Agency review for renewal, and Agency approval of floor plan and signing. Mr. Saltarelli's motion died for lack of second. Mr. Hoesterey moved adoption of Resolution 2038 approving Use Permit 82-12 with the same conditions Mr. Saltarelli suggested expect allow no more than 20 machines with the condition that the applicant can reappear before the Agency and request additional machines. Mr. Edgar questioned if he meant the applicant could request six more machines for a total of 26 units as originally suggested. Mr. Hoesterey responded in the affirmative. After Agency discussion, it was determined that such a request could be made after three months. Mr. Lebanoff expressed willingness to exempt all other tenants in the center from having any additional arcade games. He stated there were seven games in the center at present. If the Agency approved Mr. Starnes's request and prohibited additional machines, this would be less than the 60 machines (five per business) permitted by code. Mr. Saltarelli questioned if the existing leases could be so modified. Mr. Lebanoff responded affirmatively. Mr. Saltarelli offered a substitute motion to adopt Resolution 2038 approving Use Permit 82-12 with he following conditions: no more than 26 machines, the Use Permit valid for one year at whch time it wopuld be subject to Agency review for renewal, Agency approval of floor plan and signing, and Mr. Lebanoff be required to exempt all other tenants in that center from having additional games. Mr. Saltarelli's motion died for lack of second. Mr. Hoesterey amended his motion to include the exemption of other tenants in the center from having any additional arcade machines. Mr. Edgar seconded the amended motion. Mrs. Kennedy qualified her vote would not be in favor as she believed that the one year period for review was too long and to allow additional machines within three months, would not give the Agency sufficient time to evaluate the situation. Planning Agency Minutes June 21, 1982 Page 4 Motion carried: 3-0 AYES: NOES: ABSENT: EDGAR, SALTARELLI, HOESTEREY KENNEDY GREINKE Mr. Edgar questioned staff as to the number of game machines in the City. Mr. Brotemarkle stated it would require a physical inventory to get the information. PUBLIC CONCERNS None. ADJOURNMENT at 8:58 to the next regular meeting Janet Hester, Recording Secretary 6-23-82