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HomeMy WebLinkAboutPH 2 USE PERMIT 82-12 06-21-82DATE: TO: FROM: SUBJECT: June 21, 1982 7:30 PUBLIC HEARING NO. 2 Inter - C om Honorable Chairman & Planning Agency Members Community Development Department Use Permit 82-12 Applicant: Location: Zoning: Request: Edward Starnes 17292 McFadden, Suite K C-1 To install and maintain video arcade games in conjunction with the operation of a ski store RECOPlqENDED ACTION Staff recommends approval of Use Permit 82-12 by the adoption of Resolution No. 2038. BACKGROUND The ski store, owned and operated by the applicant, is being relocated from 205 W. First Street to 17292 McFadden. Since a ski store is a seasonal operation, subject to a downturn in business during the spring and summer months, the applicant is proposing to operate twenty (20) to forty (40) video games the year round to offset lease payments. The applicant has been in business as a ski store for three years. DI~USSION Staff review and analysis of the proposed use of video games was based on the preliminary guidelines submitted to the Council on June 7, 1982. The proposed use is located in a multi-tenant commercial center which should provide adequate secondary overview. The center is bounded by Walnut, McFadden and Newport Avenues. Any walk-in trade will have to cross one of these streets. The site is adequately separated from schools, parks, rest homes and hospitals, but is across the street from an apartment complex. The apartments are approximately two hundred feet (200') from the proposed use. Other uses in the immediate area are basically commercial. The nearest single-family housing tract is approximately five hundred feet (500') away. Chairman & P1 arming Agency June 2l, 1982 Page 2 The relationship of the use of video games as the primary or secondary entity of the business is not clearly established in this case. During the ski season, which starts in October, the main aspect of the business is to sell or rent ski equipment. During the off-season, which starts in March, the business will be primarily an arcade with some ski sales. It should be noted that the applicant has in the past operated a ski store as a single entity but, for financial reasons, is seeking alternate methods to supplement lease payments The applicant has not given a precise number of video games to be employed, but a range, from twenty (20) to forty (40). He will be purchasing twenty machines and gauge increases from the business generated. It is staff's recommendation that forty machines will be excessive for the size and capacity of the commercial center, and if approved, a limit of thirty (30) machines should be conditioned. The business hours will be 10:00 a.m. - 9:00 p.m. during the ski season, and 12:00 p.m. - 9:00 p.m. during the summer. The applicant will be required to place a bike rack for not less than six (6) bikes, secured and away from pedestrian or vehicular traffic. CONCLUSION 1. Because the apartment complex is separated from the proposed use by an arterial street, staff feels the impact to the apartments will be minimal. 2. The proposed hours of operation should not create a truancy problem in regard to school-age children. 3. It is staff's recommendation that because of the size and capacity of the commercial center, the number of machines be limited to thirty (30). 4. The applicant will be required to install a bike rack for a minimum of six (6) bikes. ,proposed site :) ~ l WACNUT 14,.74.2. 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 RESOLUTION NO. 2038 A RESOLUTION OF THE PLANNING AGENCY OF THE CITY OF TUSTIN, GRANTING AUTHORIZATION TO OPERATE AND MAINTAIN A VIDEO ARCADE AT 17292 MCFADDEN, SUITE K The Planning Agency of the City of Tust~n does hereby resolve as follows: I. The Planning Agency finds and determines as follows: A. That a proper application, (Use Permit No. 82-12), has been filed by Edward Starnes requesting authorization to operate video arcade games at 17292 McFadden, Suite K. 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 proposed use is in conformance with the Tustin Area General Plan. 2. The proposed use is in conformance with the City of Tustin Zoning Ordinance, as amended. O. 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2038 June 21, 1982 Page 2 II. The Planning Agency hereby approves Conditional Use Permit No. 82-12, to authorize the operation and maintenance of video games at 17292 McFadden, Suite K. A. The arcade portion of the establishment will be under constant supervision by the management of Ski Fever. B. The number of video games shall be limited to thirty (30). Ce The owner shall be required to install a bike rack for not less than six bikes, secured and away from pedestrian and vehicular traffic. That the use permit can be revoked without a public hearing in the event of complaints of adjoining property owners or customers of the facility, as a result of unsupervised activities, and if the Planning Agency finds the activity to be a nuisance upon recommendation of the Police Chief. 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 6-16-82