HomeMy WebLinkAboutPH1 USE PERMIT 81-31 01-18-82DATE . 13, 1982 Inter-Com
7:30 CONTINUED PUBLIC HEARING (1)
TO:
FROM:
S UB,J ECT:
HC~ORABLE MAYOR AND CITY COUNCIL
C(I~/qITY DEVELOPMM%~ DEPARTMENT
USE PERMIT 81-31
Location:
Zone:
Applicant:
Request:
14722 Newport Avenue
Retail Conmercial District (C-1)
Mangano, Decota & Mesenbrink
Authorization to operate 45 electronic g~nes in conjunction
with a restaurant/entertainment center.
BACKGRf~/~DAND DISCUSSICN
At the December 21, 1981 meeting, the Planning Agency received public
testimony c~ the subject application. Staff's report of that date
recoaimepx]ed denial based upon potential land use conflicts whid~ are
evident due to the location of the proposed use.
The Planning Agency continued the item to the January 18, 1982 meeting and
directed staff to meet with the applicants and try to work for a revised
proposal which might reduce the City's concerns.
City staff amx] the applicant could not agree (n conditions of approval
which would mitigate impacts which staff feels would be associated with the
proposed use.
RECC~ME~TICN
Staff recommends denial of the application based upon the following:
1. The proposed use is incompatible with surrounding land uses.
Unlike other businesses in Tustin which have electronic games, the
proposed use is in close proximity to schools, residential areas ar~ a
hospital. This particular use more appropriately belongs in a central
co.l.ercial area.
e
Attached for the Agency information is a memorandun relative to the
other establishments in Tustinwhich have electronic g~mes and what
other Orange County cities are doing with regard to regulation of
electronic g~ne establishments.
Given the location of the proposed use, it is anticipated there will
be a greater demand upon police services than would otherwise occur.
It is anticipated that calls for police service will increase as a
result of juvenile and traffic problems due to the proximity of the
proposed use to mixed land uses.
WII jAOW~ d~
ATTACHMENTS
DATE:
January 8, 1982
TO: Bill Huston, City Manager
FROM:
Community Development Department
SUBJECT: Arcade Use Permit Application
14722 Newport Avenue
Per your request of January 6, 1982, the following information
regarding arcade activity ha's been gathered:
The attached staff memo on various types of arcade regulations
is the result of a phone survey conducted in December, 1731.
Some of these communities are considering updates of their
regulations.
2. The following establishments have arcade facilities;
Location (Action)
Sgt. Pe~peroni (UP)
651 E. First
Total Gaming
Bldg. Area Area No. Of Dining
Sq. Ft. Sq. Ft. Machines Seats
4,043.~ 105 8 157
Taylor's (UP) 3,569.7 306 12 96
1542 Laguna
Shakeys 4,574.8 108.4 5 122'
365 W. First
Tustin Lanes (UP) 38,758.0 742 26 40 lanes#
1091 Old Irvine
* : 190 maximum occupancy
# : small cantina
The percentage of arcade area to building total ralge is 8.6% to 2.4%
(not including Tustin Lanes). The number ~f seats per machines range
from 1:8 to 1:24.
DATE:
January 7, 1982
TO:
FROH:
SUBJECT:
Alan Warren, Senior Planner
Jeff Davis, Planning Intern
Arcade Survey:
Bel~ are the results of a survery of several Orange County cities
concerning game arcades. The information is as of December, 1981.
Fullerton
- 120-day moritorium until new ordi.nance implemented.
- The new ordinance would require a conditional use permit
for more than 3 machines.
- Allowed only in certain commercial zones.
Placentia
- Recently passed an ordinance, 3 or more machines require a
use permit. Ordinance specifies that crowd control, parking,
etc. must be taken into consideration.
- Permitted in all commercial zones.
Costa Mesa
- Ordinance introduced in mid-December to require that 4 or more
game machines must have a use permit.
- Permitted in all commercial and industrial zones.
Orange
rea
C-1 zone allows up to 4 machines without use permit.
C-2 zone - 4-15 machines - no use permit required unless a
certain percent of square footage is for games.
C-2 zone - 15 or more machines - use permit required.
Must have adult supervision (possibly even a security guard).
More than 2 machines requires a use permit.
Allowed only in general commercial and major shopping center
zones.
Staff in Brea considered requiring a focused EIR for a large
arcade (60 machines or more).
Alan Warren
Arcade Survey
Page 2
Foun~ai n Val 1 ey
Requires a use permit for 3 or more machines.
Permitted in commercial zones only.
Huntington B~ach
Use permit required for 4 or more machines in all commercial
zones,
Specific requirements:
1. must be at a lighted intersection,
2. must provide a bike rack,
3. qlust provide adult supervision,
4. must be separated from residential zones with a
"Qualified Barrier" {their City Counci' had trouble
defining a "Qualified Barrier").
Garden Grove
Requires use permit issued by Zoning Administrator.
Must be determined to be consistant with the neighborhood.
Appeal to City Council (2 arcades had recently been denied
by Zoning Administrator and upheld by Council).
Permitted in commercial zones only.
Anaheim
New ordinance requires that to allow 5 or more machines, an
application must be made to the Planning Department. All
tenants/residents within a 300 foot radius are notified and
given 10 days to respond. If 50% or more object, the use
permit is denied, otherwise approved. A lO-day appeal period
to the City Co~cil is provided.
In addition to the above procedure, an arcade must be located
in a commercial zone and must be more than 600 feet from a
school.
Buena Park
Imposed a moritorium until proposed ordinance could be
considered.
- The proposed ordinance included provisions that 4 or more
machines would require a use permit and that arcades must be
600 feet from another arcade or "adult business" and at least
300 feet from a bar or "residential zone~
- Permitted in commercial zones only.
Alan Warren
Arcade Survey
Pate 3
Cerritos
The City of Cerritos only allows amusement centers in enclosed malls.
One premise behind this requirement is that youngsters who frequent
the game establishments will park their mopeds and bicycles outside
the mall, thus eliminating the problem of bicycles obstructing store
entrances and pedestrian pathways. Furthermore, patrons of
neighboring retail establishments are able to shop in safety without
fear of colliding with bicycle traffic. Another reason for the
establishment of amusement centers in enclosed malls is if any
p,'oblems arise in the amusement center and security action is
necessary, the mall's security force will be able to act as a backup
to the arcade's.
The following are examples of conditions that have been attached to
Use Permits, permitting amusement centers to locate in Cerritos:
- While school is in session, minors are prohibited from entering
amusement centers prior to 1:00 p.m. This condition discourages
youngsters being truant from school in order to play the amuse-
ment machines.
The walls of the amusement center shall consist of soundproof'
materials to prevent noise generated by patrons and machines
from carrying to neighboring establishments.
- Restroom facilities shall be provided inside the facility.
Two attendants shall be on duty during business hours.
In conversation with the various planning staffs, it was noted that
not many cities had specific requirements, but instead, left open
matters such as hours of operation, bike rack requirements, proximity
tO schools, etc., to ~e considered in each individual case and to be
handled via the use permit process.
Decisions would then be based on the concerns and determinations of
staff, agency and/or City Council.
JSD:jh
DATE:
December 21, 1981
Inter -Corn
7:30 CONTINUED PUBLIC HEARING
FROH:
SUBJECT:
Honorable Chairman and Planning Agency Members
Community Development Department
Use Permit 81-31
Location:
Zone:
Applicant:
14722 Newport Avenue
Retail Commercial District
Mangano, Decosta & Mesenbrtnk
Request:
Authorization to operate a 45 unit electronic gaming center in
conjunction with a restaurant/entertainment center.
RECOI,14E#DEO ACTIO#:
Denial of the use permit by the adoption of Resolution No. 2006.
BA~KGROUIID AND DISCUSSXON:
At the November 16, 1981 meeting the Tustin Planning Agency reviewed and heard
public testimony on subject request. The Agency then continued the matter to
this meeting and directed staff to provide them with a perspective on how
severe problems associated with teenagers have been in the subject area and a
review of the parking accommodations for the site.
The Police Department's analysis is attached as an addendum to this report.
Briefly, it states that traffic problems can be anticipated from the mixture of
congregations of youngsters and the already high traffic counts at this
unsignaled intersection. Also, concern is mentioned regarding possible crime
and nuisance problems due to an increase in student numbers in the immediate
area. These concerns are based upon experience with the smaller existing
arcades within Tustin.
The Planning staff conducted a survey of neighboring cities to provide the
Agency with trends in arcade regulations. All cities contacted were in the
process of drafting ordinances or have al ready enacted them. Parking problems
from existing arcades were not evident except concerning mopeds and bicycles.
Most communities require the commercial parking standards for these
establishments. Some of the standards or conditions of approval include:
1. Use Permit required for authorization to operate more than a
certain number (3,4,5,etc.).
2. Permitted (by use permit) only in central commercial districts.
Planning Agency Report
-2-
December 21, 1981
3. Minimum distances required from schools.
4. Hours of operation regulated.
5. Approval of 50% of the residents notified for public hearing
required for permit issuance.
6. Initial approval for only six months. Review for each 1 year
renewal by the Zoning Administrator.
7. Special parking areas for bicycles.
These regulations center around the desire to keep arcades in central business
districts away from schools and residential areas. By locating in downtown
areas, it is hoped that the patronage would be mostly by families rather than
by students on their way to school or to a neighborhood store.
FINDING AND CONCLUSIONS:
Staff stands by its report of November 16, 1981 (attached) which concluded that
an arcade of the size proposed is not appropriate to the residential
neighborhood.
Factors leading to staff's conclusions regarding the inappropriate nature of
the site for inclusion of an electronic game center are as follows:
1. Three schools with a total student count of over 1600 are located
within 2000 feet of the subject site.
2. Tustin Community Hospital's parking lot is in~ediately adjacent to
the site and the 200 bed hospital is within 250 feet.
Additional youth and young adults congregating near this
unsignalized intersection would increase potential vehicle/
pedestrian conflict. The CIP does not anticipate installation of
traffic signals for up until two years at this intersection.
Except for the convenience market next door and the office building
across Sycamore the area is predominantly institutional and
residential.
The intensity of the use would be estimated to be at least twice
that experienced at Tustin Lanes
Reported incidences in other communities via newspaper reports of a
"believed" increase in student problems of tardiness, inadequate
school preparation, extortion of younger student's milk or lunch
PLanning Agency Report
-3-
December 21, 1981
money for game use and petty theft due to locations of arcade type
facilities near school sites.
7. Anticipated impact on police services as indicated in Chief
Thayer's memo of November 30, 1981.
If after review of the proposal, the Planning Agency determines the use would
be compatible with surrounding uses; Use Permit 81-31 may be approved subject
to application to the City of Tustin License and Permit Board and imposition of
operational conditions and requirements.
AGW/mi
attachment: Staff Report November 16, 1981
DATE:
TO:
$1JSJ EOT:
NOVEMBER 30, 1981
Inter-Corn
BILL HUSTON, CT_.T~ MANAGER
C. R. THAYER, ~HIEF OF POLICE
PROPOSED VIDEO A~.CAD~ A-ND PIZZA P. ESTAURANT AT NEWPORT & S]~CAMORE
The below listed information adequately reflects the traffic flow accident
frequency, crime problems and student population in the area of the proposed
business. As can be seen by the traffic counts in this immediate area they
have increased. Also the m,mher of accidents, although being small
reflect a ver~ high incident of accidents at that intersection. This is au
unusually high number for the City of Tustin. it is one of our more critical
intersections concernin$ traffic accidents.
The student population presented indicate the highest number of students that
could be possibly drawn to the area and this is based upon student
populations obtained from the School District.
TRAFFIC
A. TRAFFIC FLOW (Last~Survey wa8 4-15-81).
Newport So. of Walnut
1980 - 12100 Cars
1981 - 12669 Cars + 4.7%
Newport So. of Sycamore
1980 - 3700 Cars
1981 4137 Cars +11.8%
Sycamore E. of Newport
1980 - 9550 Cars
1981 - 9884 Cars + 3.5%
Sycamore W. of Newport
1980 - 7450 Cars
1981 - 7357 Cars + 1.3%
II. ACCIDENTS (Intersection of Newport and Sycamore)
1980 - 6
1981 - 9
Continued on page two
III. CRIME 1981 - (Jan thru Nov. 15th)
Residential Burglaries
C~ercial Burglaries
Theft from Auto
Theft of Bicycles
Auto Theft
Auto Burglaries
Vandalism
79
16
37
49
17
33
Stats are from reporting Districts 15 and 17 which divide the intersection of
Newport and Sycamore. The area covered is Walnut South to Sycamore on the
east side of Newport and from the I-5 south to Sycamore on the west side of
Newport.
IV. STUDENT POPULATION
St Cecilias Catholic School
Thorman
Curtis
Tustin High
498 Students
459 Students
673 Students
2~200 Students
3,830 Students
Tustin High is I mile from Newport/Sycamore intersection. St. Cecilia's,
Thorman and Curtis are 3/10ths of a mile from Newport/Sycamore intersection.
The major concern of the Police Department is not the fact the video games
occur within the business. The major problem will be the drawing of young
adults and children to this area which will be congregating outside the
business. We have had considerable problems with this type of activity at
the Tustin Lanes Bowling Alley. The management there has been very helpful
but we continue to have problems with students in the outer area and thefts
of bicycles and vandalism in the repsective area of the bowling alley. The
main drawing car to that area is the video gau~s.
Whenever we get a call from the bowling alley for problems in the parking lot
upon our arrival the youths run in all directions trying to escape contact
with the Police Officer's. Unfortunately, we anticipate the same problem at
the location at Newport and Sycamore. With the number of video games being
slightly less than double that presently at the bowling alley, we expect
crowds slightly less than double that at the bowling alley which at times are
anywhere from 35 to 40 students. A reasonable and conservative estimate we
could encounter at least 60 to 70 youths outside the business and be called
there by the managemant because of a continuing problem. Upon our arrival we
will have these youths running in all directions. With the nearness of
Sycamore Street I anticipate that they will be running south across Sycamore.
Because there is a block wall to the rear of the business which creates a
blind'spot for the person running and for the vehicles that are west bound on
Sycamore, the potential for pedestrian/motor vehicle accident is extremely
high. Additionally, to the south of the business after crossing Sycamore,
are several business's and condo projects in the i-.,ediate vicinity. We
anticipate an increase in calls from residents in that area for assistance
due to juvenile problems.
Similarly, when the youths run from the business some will run to the
southwest diagonally across the intersection and to the west across Newport
Street into the apartments and condos in that area. Again, the potential for
auto and pedestrian collison is extremely high.
Similarly, when the youths run from the business some will run to the
southwest dia$onally across =he intersection and to the west across Newport
Street into the apartments ~ld condos in =hat area. Again, =he potential for
auto and pedestrian collison is extremely high.
The statistical data concerning crime are a major concern in that area. The
high density population, and the number of vehicles create attractive
for abuse. We have established that ~ore than 50 percent of the crime in the
City of Tustin is c~itted by persons under the age of 18. If you increase
the density of student population there is bound to be a percentage within
that ~-roup that will increase the crime data due =o their /ndividual
conduct. I realize =his is not a problem of the video games or =he pizza
parlour but the fact =hat the business will be a drawing card or a
congregation point for use with these tendencies to sho~ up. The crime rate
in this particular area is not the hi~hes= in =he City of Tustin however, it
ranks approximately 3rd. It is of considerable concern, it is one of the
smaller patrol beats that we have in the City because of =he large ~ount of
calls for service in the area.
Should this pizza parlour be added to our City I anticipate it will generate
enough calls for services =o require at least one additional police officer
for response to the pizza parlour itself upon the request of the owner for
trouble or problems he may encounter.
FISCAL IMPACT:
One additional police officer, approximately $~0,000 including salary, fringe
benefits, support equipment and personnel per year.
CRT:sa
November 30, 1981
City of Tustin
Planning Department
300 Centennial Way
Tustin, Ca 92680
Re: Family Entertainment Center
at 14722 Newport Avenue
Gentlemen:
We have recently received notification of the public hearing regarding
Use Perm. it 81-31, on above proposed business. Our office is directly across
the street from the proposed location. Presently our office is planned to
be located at its present address for a minimum of thirty six more months.
We are professional family, and marriage therapists who deal directly with
juveniles and their families on a continual basis. With this i
is hoped that this letter will be received in positive regards
sincere concern, both for those unsupervised juveniles who may
such a center's location and too from those members we service
along with the families of those juveniles who may frequent an
center".
It is our long time observation that the number of juveniles using a
center such as the proposed tend to be unsupervised by adults and therefore
have the opportunity to become involved in activities that are not healthy
for themselves and the businesses surrounding such an activity. If the
center was to be located in a major shopping area, there normally would
be less opportunity to attract drug dealers, swindlers, and other types
which are not interested in the welfare of our youth. We have personally
recognized the problem with drug abuse already in this particular area,
{around the present 7-11 store}. Several of our patients have complained
about harrassment by the passing juveniles on various occassions. Combined
with the lack of supervision, the drug dealing and usage, a poorly secured
are~, and the general concern with the growth and development of this area
within Tustin, we highly recommend that usage of this building or any part
of it be denied for use as a "family entertainment center".
A center such as this may be needed for both its revenue and for enter-
tainment, but this particular location is undesirable on several counts.
Please sincerely consider the consequence~ of your decision and not allow
this permit to be permitted.
n mind it
as to the
benefit from
in our office,
"entertainment
RCH ASSOCIATES
Robert C. Holloway, MA
Owner
DATE: November 16, 1981
30 PUBLIC HEARING
Inter-Corn
FROM:
SUBJECT:
Honorable Chaim~an and Planning Agency Members
Community Development Department
Use Permit 81-31
Location:
Zone:
Applicant:
Request:
14722 Newport Avenue
Retail Commercial District
Mangano, Decosta & Mesenbrink
Authorization to operate a 3,000 sq. foot electronic gaming center
in conjunction with a 44 seat pizza and snack shop.
RECOMMENDED ACTION:
Denial of the use permit request for the center by the adoption of Resolution
No. Zoo¢ . If the Planning Agency believes the negative i~acts listed in
this report can be mitigated by reducing the scope of the gaming operation and
if the applicant is willing to do so, the Agency could consider a modified
proposal.
BACKGROUND:
The building in which the proposed use is intended was approved for
construction in October of 1980 as speculative commercial project. After the
structure was finaled, the owner initiated a subdivision application for
conversion to four commercial condominium units. This application has not been
carried through to recordation.
The site is zoned for commercial use with the following surrounding districts
and uses:
North - C-1 (Laundry, Convenience Market)
East - P&I (Hospital parking lot)
South - PR (Professional office building)
West - R-3 (Residential apartments)
Beyond these adjacent properties the majority of uses are either single family
or multiple family residential. A.G. Curry Intermediate School, Jean Thorman
Elementary School and St. Cecilia's School are approximately 1600 feet east on
on Sycamore Avenue.
Use PemHt No..81-31
November 6, 1981
Page 2
Amusement areas have been approved for the Tustin Lanes Bowling, Sgt Pepperoni
PizZa Parlor and Taylor's Restaurant. The electronic gaming areas in each of
these facilities are subordinate to their major business activity.
DISCUSSION:
The applicant proposed installation of approximately 45 game machines in half
of the building area. The remainder is allocated for food preparation, storage
and tables and seats (44). The parking demand for the combined activities can
be provided for by the existing parking plan.
Staff concerns revolve around the site selection for the activity. The Police
and Planning review foresees the following potential problems.
a) With such an establishment directly on the route many children take
to go to and from school it is highly likely that they will
gravitate toward the location rather than go promptly to school and
directly home afterward. Due to the number of schools in the
direct vicinity it would seem that a large number of children could
tend to congregate at the location. This would be less likely if
there were fewer games to accommodate the children.
b) Once congregated, groups of youngsters may become a nuisance due to
loitering, noise, mischief, etc. to nearby residential or hospital
uses. The application was reviewed by the Tustin School District
but no recommendation was made.
CONCLUSIONS:
1. The location of such a use will encourage patronage by students of
the local public and private schools of the game activities before
and after school hours.
2. The large number of game machines will insure that large numbers of
children will be able to visit the site at any one time.
3. Increased police surveilance may be needed in the area as a result
of juvenile loitering in the surrounding areas.
4. If the food service was emphasized over the gaming activity, adults
and families would tend to patronize the business as a meeting and
dining facility.
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RESOLUTION NO. 2006
A RESOLUTION OF THE PLANNING AGENCY OF THE CITY TUSTIN
DENYING USE PERMIT NO. 81-31 ON APPLICATION OF MANGANO,
DECOSTA & MESENBRINK, INC. FOR AN ELECTRONIC AMUSEMENT
CENTER AT 14722 NEWPORT AVENUE.
The planning Agency of the City of Tustin does hereby resolve as
follows:
I. The Planning Agency finds and determines as follows:
Ae
That a proper application, Use Permit No. 81-31 was
filed by Mangano, Decosta & Mesenbrink Inc. to
request authorization to operate an electronic
amusement center and snack bar to be located at 14722
Newport Avenue.
B. That a public hearing was duly called, noticed and
held on said application.
Ce
That the establishment, maintenance, and operation of
the use applied for, even with proper improvements
and safeguards, as suggested by the applicant and
staff, at the site proposed would not be compatible
with adjacent land use and zoning and would be detri-
mental to the health, safety and welfare of persons
working or residing in the neighborhood as evidenced
by the following:
The proposed location, directly on the route many
children take to and from school, will encourage
tardiness and loitering for large numbers of
students and will result in nuisance problems in
the immediate area.
II.
The Planning Agency hereby denies Use Permit No. 81-31 as
applied for, to authorize an electronic amusement center
located within a previously constructed building at 14722
Newport Avenue.
PASSED AND ADOPTED at a regular meeting of the Planning Agency of the
City of Tustin, California, held on the ~ay of , 1982.
James B. Sharp, Chairman
Mary Ann Chamberlain
Recording Secretary
Development Review Summary
Project:
Location/District: ~?~-~ I~Jl:~ A,~/ ~-~
Action:
Building:
~Front Setback
Side Setback
Rear Setback
G~oss Sq. Ft.
Net Floor Sq. Ft.
Height
Number of Stories
Materials/Colors
Lot Size
District Requirement
Proposed
k-Lot Coverage
Parking:
Number of Spaces
Ratio (space/sq. ft.)
Type
Uses: 1~,'x"~,lL..z~::l:~l)'~Jl~.~_.~ ~-I~ft- lm~smO ~-~-dl~-~
No. of Public Notifications:
(Owners) lDO
* no standard