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Home My WebLink AboutPH 3 VIDEO GAMES 07-18-83OATE: FROH: SUBJECT: July 5, 1983 PUBLIC HEARING 7-5-83 (no .me~ti~. ~) 7-18-83 Honorable Mayor & City Council Members Community Development Department Amendment to Zoning Ordinance - Video Games BACKGROUND & DISCUSSION As a matter of Council policy, any business wishing to maintain and operate more than five (5) video game machines at any one location, would first be required to secure a conditional use permit. Additionally, the Council has approved a policy outlining general conditions that should be considered prior to use permit approval {see attached Inter-Com dated June 7, 1982). At the April 18, 1983 Planning Co,)edssion meeting, the amendment to Use Permit 82-12 (for additional machines to an existing arcade) was considered and approved. However,. the City Attorney's office was concerned that the Zoning Code did not specifically require a use permit and that Council policy was an insufficient means to process appplications for arcades. Therefore, the Commission directed staff to advertise a public hearing to consider appropriate amendments to the Zoning Code. On June 13, 1983, the Commission adopted Resolution No. 2097, recommending to the City Council that the Tustin Zoning Ordinance be amended to codify present Council policy. As recommended by the Planning Commission, the proposed amendment to the Zoning Code reads: 1. Amend Section 9233 Central Commercial District (C-2) to delete amusement resorts as a permitted use by right and to add to permitted uses subject T~a use permit the following: Amusement resorts, arcades and private recreational facilities, and video and vending machines and such other contrivances in excess of five (5) which are incidental to the principle business. 2. AmenJ Section 9235 Commercial District (CG) to add to permitted uses subject to a use permi: the following: Amusement resorts, arcade and private recreational facilities, and video and vending machines and such other contrivances in excess of five (5) which are incidental to the principle business. Honorable Mayor & Council Members July 5, 1983 Page 2 RECOPl4E#DATION It is recon~nended that Ordinance No. 888, as drafted, be given first reading by title only and introduced to amend Sections 9233 and 9235 of the Tustin City Code. C~E~vDAVIS ASSISTANT PLANNER JSD:jh Attachments: Draft Ordinance 888 Staff Report To Council-June 7, 1982 Resolution No. 2097 ORDINANCE NO. 888 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 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE TO PROVIDE FOR' THE REGULATION OF AMUSEMENT RESORTS, ARCADES, AND PRIVATE RECREATIONAL FACILITIES The City Council of the City of Tustin does hereby ordain as follows: Section 9233 of the Tustin City Code is amended as follows: A. "Amusement resorts" shall be deleted as a permitted use, B. Amusement resorts, arcades and private recreational facilities, and video and vending machines and other such contrivances in excess of five (5) which are incidental to the principle business, shall be added to uses allowed subject to a conditional use permit. II. Section 9235 of the Tustin City Code is amended as follows: A. Amusement resorts, arcades and private recreational facilities, and video and vending machines and such other contrivances in excess of five (5) which are incidental to the principle business shall be added to uses allowed subject to a conditional use permit. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on this day of , 1983. Ronald B. Hoesterey ATTEST: Mary C. Wynn City Clerk DATE: TO: FROI, I: SUBJECT: June 7, 1982 Inter_Com Honorable Mayor & City Council Community Development Department Arcades-Mechanism for Review & Planning Agency Guidelines . At the May 17, 1982 meeting of the City Council, Ordinance No. 870 was tabled and Council directed Staff to recommend the procedure to follow regarding arcades in light of the dual review requirement by thePlanning Agency and the License and Permit Board. .'REC~IENDED ~TIOtl Arcades shall be subject to review and action under a use permit procedure by the Planning Agency only. The reasons for this recommendation are as follows: Maximize public input - a use permit mandates public notice to all property owners within 300 feet of the proposed use along with a legal notice in the newspaper; License and Permit Board only requires a legal notice in a newspaper of local circulation. The majority of the personnel on the License and Permit Board (except for the Chamber representative) also serve as the staff of the Planning Agency. 3. The dual review requirement is redundant and unnecessary. Further, Staff was requested by Mayor Edgar to summarize the "concerns" brought out during the discussions on the proposed ordinance which, may serve as general guidelines for review. The following concerns are those recognized by Staff from such discussions and with any additions, modifications or deletions the City Council may desire, could be used as a general guide for potential applicants and Agency deliberations. Game arcades shall be adequately separated from schools, parks, churches, rest homes, hospitals or residential uses in the immediate neighborhood. Mayor & City Council Arcades Page 2 Arcades shall be located in a multi-tenant commercial center adequate in size to provide for secondary supervision, adequate police overview and retaining all activities associated with arcade entertainment centers on the subject site. Concern arose over the relationship of the arcade as the primary or secondary business entity at the premise, along with percentage limitations on floor areas allocated to combined uses were expressed. That a fixed number of machines should be established for an arcade based on such considerations. Operational concerns on management, supervision, hours of operation, restriction on Juveniles unaccompanied by an adult, background of managers, security measures, token exchange and similar matters were discussed as items to consider for such arcade operations. Site conditions regarding adequacy of parking, providing bike and moped racks and clean up of litter and debris were also concerns. 'Attention to noise or activities intruding on adjacent properties or businesses, along with concern for pedestrian/bicycle and vehicular traffic conflict especially at non-signalized intersections were expressed. The list of concerns provided herein, or as modified be provided each applicant for an arcade facility. That Staff and the Agency will review each app)ication on a case-by-case basis with such concerns serving as guides in said review. MWB:jh 5-24-82 RESOLUTION NO. 2097 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CIl~f OF TUSTIN, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL, AN AM£NDMENT TO TH£ ZONING ORDINANCE REQUIRING CONDITIONAL USE PERMITS FOR AMUSEMENT RESORTS, ARCADES AND PRIVATE RECREATIONAL FACILITI£S AND VIDEO AND VENDING MACHINES IN EXCESS OF F~VE (5) WHICH ARE INCIDENTAL TO THE PRINCIPLE BUSINESS IN THE CENTRAL COMMERCIAL (C-2) AND COMMERCIAL GENERAL {CG) DISTRICTS The Planning Commission of the City of Tustin, California does hereby resolve as follows: 1. The Planning Commission finds and determines as follows: a; That because of the characteristics associated with amusement facilities including, but not limited to, video arcades, and the potential impacts they may impose on surrounding uses, a conditional use permit should be required and the Central Commercial (C-2) and Commercial General (CG) district regulations should be amended to reflect such a requirement. b. That pursuant to Section 9295(f) of the Tustin City Code, when considering an amendment to the Zoning Ordinance, the Planning Commission shall conduct a public hearing, report findings thereof, and make a recommendation to the City Council. c. That a public hearing was duly called, noticed and held considering amending .the C-2 and CG Districts to require that a conditional use permit be obtained prior to the operation of any amusement facility in said Districts. II. The Planning Commission hereby recommends to the City Council the following amendment to the Zoning Ordinance of the City of Tustin: 1. Amend Section 9233 Central Commercial District (C-2~ to delete amusement resorts as a permitted use by right and to add to permitted uses subject to a use permit the following: · Amusement resorts, arcades and private recreational facilities and video and vending machines~and such other contrivances in excess of five (5) which are incidental to the principle business. 25 26 27 '28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 Resolution No. Z097 June 13, 1983 Page 2 2. Amend Section 9235 Commercial Oistrtct (CG) to add to permitted uses subject to a use pe~tt ~he following: Amusement resorts, arcade and private recreational facilities, and video and vending machines and such other contrivances In excess of five (5) which are inciden~al to the prlnctple business. PASSED AND ADOPTED at a mgular meeting of,~he Tusttn Planning commtsMon, held on the Z_~ day of\./.~yx~_~ ~ , 1983. Recording Secretary Jam~es B. Sharp, Chairm~n STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, JANET HESTER, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City' of Tustin, California; that the foregoing Resolution was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the/~'~ day of~/h~ , 1~__~. ~Janet Hester Tustin Planning Agency