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HomeMy WebLinkAboutPH USE PERMIT 81-31 11-16-81November 16, 1981 30 PUBLIC HEARING Inter-Corn TO: $ UBJ ;'CT: Honorable Chairman 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 impacts listed in this re~t 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) 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, mischie£, 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. 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. 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: ~.~-~ ~ Location/District: Building: District Requirement Proposed Front Setback )~' (ll~ NO~ .~?.~/ Si de Setback (b ~ I~ ~4~. ,~V.{+~) -~' ~ 8~' Rear Setback 0 ~H Gross Sq. Ft. ~ GOo~ Net Floor Sq. Ft. Height Number of Stories Materials/Colors Lot Size ~cxbO ~c).FT. Z~,o~o ..~.~. k_ Lot Coverage )oo7° Parking: Number of Spaces Ratio (space/sq. ft.) Type Uses: No. of Public Notifications: (Owners) * no standard 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2006 A RESOLUTION OF THE PLANNING AGENCY OF THE CITY TUSTIN DENYING USE PERMIT NO. 81-31 ON APPLICATRION 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 a. be 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. That a public hearing was duly called, noticed and held on said application. 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 16th day of November, 1981. CHAIRMAN OF THE PLANNING AGENCY PLANNING AGENCY RECORDING SECRETARY