HomeMy WebLinkAboutPH USE PERMIT 81-31 12-21-81DATE:
December 21, 1981
Inter -Corn
7: 30 CONTINUED PUBLIC HEARING
TO:
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 & Mesenbrink
Request:
Authorization to operate a 45 unit electronic gaming center in
conjunction with a restaurant/entertainment center.
RECI~ENDED ACTION:
Denial of the use permit by the adoption of Resolution No. 2006.
BACKGROUND AND DISCUSSION:
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 already 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.
FINBING 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 immediately adjacent to
the site and the 200 bed hospital is within 250 feet.
e
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.
5. 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:
FROH:
SUBJECT:
NOVEMBER 30, 1981
Inter-Corn
BILL flUSTON, CITer MANAGER
C. R. T~AYER, ~HIEF OF POLICE
PROPOSED VIDEO ARCADE AND PIZZA RESTAURANT AT NEWPORT & SYCAMORE
The below listed information adequately reflects the traffic flow accident
frequency, crime problems amd student population in the area of the proposed
business. As cam be seen by the traffic counts in this immediate area they
have increased. Also the number of accidents, although being small numbers,
reflect a very high incident of accidents at that intersection. This is an
unusually high number for the City of Tustin. it is one of our more critical
intersections concerning 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 was 4-15-81).
Newport So. of Walnut 1980
1981
- 12100 Cars
- 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%
II.
ACCIDENTS
1980
1981
Sycamore W. of Newport 1980 - 7450 Cars
1981 - 7357 Cars
(Intersection of Newport and Sycamore)
- 6
- 9
+ 1.3%
Continued on page two
III. CRIME 1981 - (Jan thru Nov. 15th)
Residential Burglaries
Commercial 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
Currie
Tustin High
498 Students
459 Students
673 Students
2~200 Students
3,830 Students
Tustin High is 1 mile from Newport/Sycamore intersection. St. Cecilia's,
Thorman and Currie 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 chil4ren 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 managemant 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 games.
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 management 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 immediate 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 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.
The statistical data concerning crime are a major concern in that area. The
high density population, and the number of vehicles create attractive targets
for abuse. We have established that more than 50 percent of the crime in the
City of Tustin is committed by persons under the age of 18. If you increase
the density of student population there is bound to be a percentage within
that group that will increase the crime data due to their individual
conduct. I realize this is not a problem of the video games or the pizza
parlour but the fact that the business will be a drawing card or a
congregation point for use with these tendencies to show up. The crime rate
in this particular area is not the highest in the 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 the large ~-nunt 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 to 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 $40,000 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 Permit 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 mere months.
We are professional family, and marriage therapists who deal directly with
juveniles and their families on a continual basis. With this in mind it
is hoped that this letter will be received in positive regards as to the
sincere concern, both for those unsupervised juveniles who may benefit from
such a center's location and too from those members we service in our office,
along with the families of those juveniles who may frequent an "entertainment
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 ~uveniles on various occassions. Combined
with the lack of supervision, the drug dealing and usage, a poorly secured
area, 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 particu~&r location is undesirable on several counts.
Please sincerely consider the consequence~ of your decision and not allow
this permit to be permitted.
RCH ASSOCIATES
Robert C. Holloway, MA
Owner
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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:
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 21st day of December, lg81.
James B. Sharp, Chairman
Maria Ivory
Recording Secretary
DATE: November 16, 1981
7: 30 PUBLIC HEARING
TO:
FROM:
S UB,J ECT:
Honorable Chairman and Planning Agency Members
Community Development Department
Use Permit 81-31
Location:
Zone:
Applicant:
14722 Newport Avenue
Retail Commercial District
Mangano, Decosta & Mesenbrink
Request:
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. ~ooG . If the Planning Agency believes the negative impacts 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 Permit 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)
b)
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.
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:
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.
The large number of game machines will insure that large numbers of
children will be able to visit the site at any one time.
Increased police surveilance may be needed in the area as a result
of juvenile loitering in the surrounding areas.
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.
Development
Review Summary
Project: ~.~-t f.~ ~:
Location/District: I~ '/~. ~.
Action: ~ t::'IEI?~T
Building:
/r. Front Setback
Side Setback
Rear Setback
Gross Sq. Ft.
Net Floor Sq.
Height
Number of
Ft.
Stories
Materials/Colors
Lot Size
Lot Coverage
Parking:
Number of Spaces
Ratio (space/sq. ft.)
Type
District Requirement Proposed
~ ~.~/~o~= I~
/zoo
Uses:
No. of Public Notifications: ( Owners )
* no standard