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HomeMy WebLinkAboutPH 1a USE PERMIT 82-15 06-21-82DATE: June 21, 1982 7:30 PUBLIC HEARING NO. Inter-Corn TO: FROM: S UBJ ECT: Honorable Chairman & Planning Agency Members Community Development Department Use Permit 82-15 Applicant: Bordok-Coons Enterprises (dba Lamppost Pizza) Location: 17391 Seventeenth Street, Ralph's Shopping Center Request: Authorization to install and maintain 12 video games in conjunction with a pizza restaurant RECOPlqENDED ACTION It is recommended the Agency approve Use Permit 82-15 by the adoption of Resolution No. 2037. BACKGROUND The owners of tamppost Pizza have requested they be permitted to maintain twelve {12) video game machines in conjunction with their new restaurant at 17391 Seventeenth Street. At present, the building improvements for the restaurant are almost complete and it is anticipated the restaurant will be open for business by July 1, 1982. It is the owner's intent to open Lamppost Pizza with or without the game room. The restaurant is a 3,510 square foot unit, 147 square feet to be used for the game room. By comparison, Shakey's has 4,579 square feet (108 sq. ft. for 5 games) and Sgt. Pepperoni's has 4,043 sq. ft. (105 sq. ft. for 9 games). DISCUSSION Pursuant-to various sections of the Tustin City Code, whenever there are more than five (5) electronic game machines located in any one establishment, a conditional use permit is required. In this instance the applicant is requesting authorization for twelve {12) machines. Based on discussion during the hearings on the proposed ordinance that would have regulated game arcades, it is felt the subject application meets all of the Agency's intended guidelines and concerns. The game room is a secondary use to a restaurant, which is located in a multi-tenant center, in a large commercial area. Lamppost has chosen a site that is not near any schools and is buffered from all single-family dwellings by other commercial uses in the Ralph's Center. The only residential units that would be of concern are the apartments abutting the center on the easterly Use Permit 82-15 June 21. 1982 Page 2 property line. This concern is mitigated however by the small percentage of the restaurant to be used for a game room. Additionally, there is a six foot wall separating the center from ~he apartments. In fact, since the property is lower on the apartment si~e, the wall is at least ten feet high is some places. If this were application for an arcade only and not a secondary use, staff's concern for the apartment residents would be greater. Finally, since the game room will be operational only when the restaurant is open, there will be constant employee supervision. The only items that should be imposed as conditions of approval are that bike racks will be provided and located on site so as not to obstruct any vehicular or pedestrian traffic, and that the addition of any machines over the requested 12 shall be subject to Planning Agency review and approval. JSD:jh 6-14-82 APARTN£NT ~O~PLgX POST P I ZZA USE PERMIT 82-15 LAMPPOST PIZZA GAME ROOM SCALE: 1" equals 400' Z 0 ,.,I RESOLUTION NO. 2037 1 2 3 4 5 The Planning follows: 6 I. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 A RESOLUTION OF THE PLANNING AGENCY OF THE CITY OF TUSTIN, APPROVING USE PERMIT 82-15 AUTHORIZING TWELVE (12) ELECTRONIC GAME MACHINES WITHIN THE PIZZA RESTAURANT AT 17391 SEVENTEENTH STREET (LAMPPOST PIZZA) Agency of the City of Tustin does hereby resolve as The Planning Agency finds and determines as follows: A. That a proper application, (Use Permit No. 82-15), has been filed by Bordok-Coons Enterprise (dba LampPost Pizza) requesting authorization to maintain a game room with twelve (12) electronic video game machines within a pizza restaurant. B. That a public hearing was duly called, noticed and held on said application. C. 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, evidenced by the following findings: 1. The project is in conformance with the Tustin Zoning Code and the Tustin General Plan. 2. This project meets all guidelines set for by the City Council concerning game arcades. D. That the establishment, maintenance, and operation of the use applied for will not be injurious or detri- mental to the property and improvements in the neighbor- hood of the subject property, nor to the general welfare of the City of Tustin, and should be granted. E. Proposed development shall be in accordance with the development policies adopted by the City Council, Uni- form Building Codes as administered by the Building Official, Fire Code as administered by the Orange County Fire Marshall and street improvement requirements as administered by the City Engineer. F. This project is categorically exempt from the re- quirements of the California Environmental Quality Act. G. Final development plans shall require the review and approval of the Community Development Department. 28 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Resolution No. 2037 June 21, 1982 Page 2 II. The Planning Agency hereby approves Use Permit No. 82-15, to authorize twelve (12) electronic games in a pizza restaurant at 17391 Seventeenth Street. That a bike rack, to accommodate six (6) bicycles, be provided and permanently fixed along the southern elevation BJ Should the owners wish to increase the number of game machines, exceeding the approved twelve (12), the Planning Agency must first review and approve the increase. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Agency, held on day of , 1982. Richard B. Edgar, Chairman Janet Hester Recording Secretary JSD:jh 6-15-82 28