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HomeMy WebLinkAboutPC RES 2143 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 2143 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, GRANTING A USE PERMIT FOR A VIDEO GAME ARCADE WITH 30 MACHINES AT 17292 MCFADDEN AVENUE, SUITE "C" The Planning Commission of the City of Tusttn does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application (Use Permit 84-3) was filed by Maurice Lebanoff requesting authorization to operate a video game arcade with thirty (30) machines at 17292 McFadden, Suite "C". B. That a Negative Declaration has been applied for in compliance with the California Enviromental Quality Act and is hereby approved. C. That a public hearing was duly called, noticed, and held on said app 1 i cati on. D. That establishment, maintenance, and operation of the use applied for 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 as evidenced by the following findings: 1. The use is in conformance with the Tustin Area General Plan and City Code Zoning provisions. 2. As submitted, the arcade is in compliance with City Council Policy concerning establishment of such uses, including the limitation that the arcade operate only as a secondary use to an adjoining business. 3. The number of machines shall be limited to a maximum of thirty. 4. This will be the only arcade in the center. E. That establishment, maintenance and operation of the use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin and should be granted. F. Proposed development shall be tn accordance wi th the development policies adopted by the City Council, Uniform Building Codes as administered by the Building Official, Fire Code as administered by the Orange County Fire Marshal and street improvement requirements as administered by the City Engi neet. 1 2 3 4 5 6 7 8 9 10 11' 12' 13 14 15 16 17 18 19, 20 21 22~ 23 24 25 26 27 28 Resolution No. 2143 Page 2 G. Final development plans shall require the review and approval of the Director of Community Development. II. The Planning Commission hereby grants a use permit, as applied for, to authorize a video game arcade with thirty (30) machines at 17292 McFadden Avenue, Suite "C", subject to the following conditions' A. The number of video games for the subject address shall be limited to thirty (30). For the purpose of this use permit, the thirty machine maximum shall include any machine located in the businesses known as "Soup-er Sandwich Express" and "Brooklyn Pizza Express". B. The hours of operation of the arcade shall be limited to the same hours of operation of the business located at 17292 McFadden, Suite "B". Additionally', the arcade may only be operated as a secondary use to another business operating in Suite "B". C. The entrance to the arcade shall be restricted so that no person may enter the arcade directly from the outside. Instead, entrance must be directed through Suite "B". D. Any building modifications shall be in accordance with development policies adopted by City Council, Uniform Building Codes as administered by the Building Official, and Fire Code as administered by the Orange County Fire Marshal. E. The restaurant/arcade will not be permitted additional signing than that previously approved for the shopping center. F. Use Permit 84-3 shall not become effective until arcade approval for Use Pemrit 82-12 is terminated and the property owner rescinds his right to re-institute an arcade in Suite "K" without the granting of a use permit by the City. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 12th day of March, 1984. i: Janet He~t~r- Recording Secretary James B. Sharp, ~hatrman STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, JANET HESTER, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. ~.~/~ was duly passed and adopted at a regular meeting, q~ the Tustin Pl anntn(l~ Commission, held on the/~ day of ~/r~ , 19~(~. · Janet Hester Tusttn Planning Commission Secretary