HomeMy WebLinkAboutUse permit 82-16 - Guy Graves/Nancy Lynn - To permit the est f
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Superior Court
Or THE
STATE OF CALIFORNIA 0
In and for the County of Orangr
CITY OF HUNTINGTON BEACH
' J�Sj(:A' lam_ ..._
CITY CLERK
PUBLIC HEARING
Staw of California ) �+ ...�.�•• • ,
County of Orange
APRIL L. ELLIOTT
That I am and at a!!times herein mentioned was a citizen of
the United States,over the age of twenty-one years, and that I �
am not a par'y to,not interested is the alxwe en .red Metter;
that I am the principal clerk of the printer of the
HUNTINGTON BEACH IND. REVe
a newspape:of general circulation,published in the City of
HUNTINGTON BEACH
County of Orange and which newspaper is published for the
disemInstion of local news and inteliigente of a general charac-
ter, and which rewspoper at all timt- herein mentioned had �
and still has a bons fide aubacription !L t of povinr subscribers, i , :. �,,r �;i ;,.,«cjn ;•
and which newspaper has been established, printed and pub.
hobed at trogulor intervals in the said County of Orange for a J
period t:ceeding oye year; 'hat the notice, of which the
annexed is a printed copy, hat "-ern published in the regular 1
and entire issue of said newspaper,and not in fitly s►tpplemcnt !'•i'y ;, .t,��
thereof,on the 611owing dates,to wiL " .5 �P t"
y
AUGUST 5 + 1982
7• � l.�F�,�. y�tl itt���'.
I certify(ot declare) under penalty of pttjury that the forego.
Ing Is true and eorreot.
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1 IV"P b CAP.AIM
Mr. Strange indicated that he was very familiar with this
development and stated that it was withi i sufficient
proximity to the traffic signal, was well buffered from
residential a:,eas ante would satisfy City regulations .
Based on these assurances that this site would be
acceptable to the City , we entered into a long term lease
with Harbour Landing.
In May 1982, Mr . Pat Spencer of City Planning conducted
a preliminary site investigation at the request of the
developer. He also confirmed that Harbour Landing met with
City regulations . V; . Spencer further recommervied that the
gear door of the arcade premises be used as an emergenpy exit
only, as a mer;ns of providing additional assurance that the
residential property to the north would be buffered. We
gladly Concurred with and implemented this recommendation , as
indicated in the description of the proposed game arcade �
(Exhibit 1 to CUX 81-16) .
As the foregoing demonstrates, at least two members of
the Planning Commission staff concluded that our facility
substantially complied with Section 9332(q) . This being the
case, we were and are at a loss to understand the
Commission' s denial of our application.
Our bewilderment is compounded by the Commission ' s
having approved CUX 82- 17 at the , same time it denied ours.
Y s application was to relocate an existing arcade from one
location. do a►rothec in a shopping center. This centeY
6xt:encls goutrh along `Beech Blvd. from its intersection with
3
Atlanta Ave . While one corner of t:ie center abuts an
intersection with a traffic signal, tte nnw location of the
arcade itself is more than 400 feet from that signal .
The center is open, and one can therefore gain direct access
tc, the arcade by crossing Beach Blvt at a point more than
400 feet from the nearest signal .
The purpose of Section 9332(q) ( 3) is to minimize the
freduGikcy of patron, -'-:ossing streets vt'.thout the aid of a
traffic signal , and & agree with this purpose . However , it
is no more (and perhaps legs ) likely that patrons will cross
Warner Ave. without a signal at our location than they will
similarly cross Beach Blvd . at the location of CUX 82- 17 .
The point it that if CUX 82- 17 is within aceeptahla limits
under Section 9332(q) ( 3) , then so too is our application, and
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the Commission should have so Found .
With respect to the residential buffer requirements ,
Section 9332( q ) ( 1 ) requires that the "facility shall be
separated !ran all residential property by a buffer
including, but not limited co buildings , utility easements,
permanent open spy or arterial streets . " (emphasis added )
Under the Section , open space can be, but is not limited to,
park sites , golf courses and public utility and flood control
rights-of-way of at least 100 feet in clear width .
As pointed out above, Harbour Landinq is surrounded by a
120 foot deep parking lot which separates it from the
residential property to the north. rn addition, at the north
end of the parking area there is a block wall on the other
4
side of which is ait all -!y , We submit that this combination
satisfies the buffer requirements of the Section.
We assume that the purpose of a buffer is to protect
residential areas from potential disturbances that might be
cauo.?d by an arcade. In addition to what we believe to be
the adequate buffering described above, we have taken steps
tc create a controlled envrionme:nt that will not be
objectionable to other tenants of Harbour Landing or
surrounding neighborhoods . To this end, no smoking,
drinking, drugs or loitering will be tolerated . Signs to
this effect will be prominently displayed and the rules will
be strictly enforced . A uniformed security guard will be
present- on Friday and Saturday nights to preclude possible
disturbances . No school age children will be allowed entry
while school is in sessio; .
In addition our Lessor has laced the following clause
r P 9 �
in our lease to further protect the City of Huntington reach ,
the center and its occupants :
MANAGEMENT OF ARCADE. .
Lessee acknowledges that this is a difficult
operation to control and manage, and therefore ,
agrees that the Lessor has the sole and complete
discretion of determining whether the management of
the arcade is acceptable .
In the event that Lessor determines that the
management is not acceptable, or not in compliance
with the regulations of the City of Huntington
Beach , Lessor will notify Lessee in writing of the
conditions that must be corrected . If Lessee fails
to comply with the notice , Lessor may terminate
this Lease by giv'_ng written notification within 45
days prior to the termination date.
Also, in the e.-Qnt the' L;ie customers of the
arcade create a nuisance or interfere with the
rights of other Lessees or occupants of the
5
Building or annoy them, Lessor has the sole
discretion of hiring a privat.: security service for
the protection of the Center at the complete
expense of the Lesse,:! of the Arcade .
In sum, our proposed arcade fully satisfies the
cri�eria of Section 9332( q ) . Moreover , we have at all times
demonstrated our desire and willingness to incorporate
additional safeguards beyond those required by the Section to
ensure that operation of the arcade will in no way interfere
with the surrounding neighborhood . LPar from being a
hindrance , we firmly believe that we and our business will
make a Substantial contribution to this community .
For all. of the foregoing reasons , we respectfully
request that our application be granted.
I
Very truly yours ,
ti
DATED: 1 -- �c,.�_ _ `� �1. ► �.''�� J
GUY C . RAVES , JR.
DATED .. I
NANCY LYNN
6
$ HARBOUR PLAZA PARTNERSHIP
July 268 1962
Mayor
City Council '
Huntington Beach, CA
Gentlemen:
It has been brought to my attention that the Planning
Commission has refused to accept an arcade at Harbour
Landing Center located at 491.1. Warner Avenue in
Huntington Beach.
I wish to address only the issue of the management of
the arcade with regards to my tenants, Nancy S . Lynn
and Guy C. Graves. I have managed shopping Centers
for a number of years , and I have had some very success-
ful arcades . Properly managed, an arcade is no problem,
wahtsoever.
It is my understanding that their attorney plans to
discuss the staff report and various findings . With
the conditions outlined by Pat Spencer, I would find
this arcade :.;�mpletely acceptable .
Also, included in this lease with Ms . Lynn and Mr. Graves, �
is a condition, item #54 (Copy enclosed) , which allows
the landlord at this sole discretion to cicse--down the 1
arcade if a problem arises that is not corrected within
a specific time .limit. I can assure you that any failure
by these tenants to operate this arcade professionally
will result in their eviction .
Should y ha v any questions , or if I can be of any help,
please eel ee to contact me .
Kind t gar s'i
Of
Genera', Partner,.,'
RMJ/s
Enclosure
P.O. Sox 8=1•• Dmokhunr` Start • Fountain Valley, CA 927
ttkohafw (714) 8 133
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52 . SEVERADILITY .
The unen.orceability , invalidity, or illegality of
any portion of this lease shall not render the other provisions
unenforceable, invalid , or illegal .
51 . RULES AND REGULATIONS .
The rules and regulations that are to be prepared
for the building are made a part of this lease and Lessee shall
comply with them. Lessor shall have thL� continui .g right to
promulgate amendments and additional rules an re;ulations for
the safety, care , and cleanliness of the premises rnd the build-
ing in general , the surrounding premises , and all common areas ,
or for the preservation of stood order , On delivery of a copy
of such amendments and additional rules and regulations to
Lessee , Lessee shall zomply with the rules and regulations
and the violation of any of them shall const . '. ate a breach
and default by tenant ender this lease . If there is a conflict
between the rules and regulations and any of the provisions
of this lease, the provisions of this lease shall prevail .
Lessor shall make all reasonable efforts to enforce the rules
and fegulations uniformly against all lessees in the building
and no such rules or regulations shall regtUre Lessee to pay
additional rent tinder this lease .
54 . MANAGEMENT Or ARCADE .
I
Lessee acknowledges that this is a difficult operation
to control and manage , and therefore, agrees that the . _ssor
has the sole and complete discretion of det•,.,mining whether
the Management of the arcade is acceptable .
In the event that Lessor do%-erminee that the management
is not acceptable , or not in compliance wit,; the regulations
of the City of Huntington Beach, .Lessor will notify Lessee
in writing of the conditions that must be corrected. If Lessca
fails to comply with the notice , Lessor may terminate this
Lease by giving written notification within 45 days prior to
the termination date .
Also, in the event that the customers of the a.ccade create
a nuisance or interfere with the rights of othe , Less?es or
occupants of the Building or annoy them, Lessor has the sole
discretion of hiring a private security service for the
protection of the Center at the complete expense of the Lessee
of the Arcade .
-x o� A_
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.j,nle CITY OF HUNTI1'VGTON BEACH
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4t 2= MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
I
August 181 1982
Guy C. Cretis, ,Jr.r
Nancy S. Lynn '
4911 Warner Avenge, #105
Beach
Huntington , CA. 92649
The City Council of the City of Huntington Beach at its meeting
held August 16, 1982, granted your appeal to the Planning Commission's
denial of CUP 82-16.
Please contact the Development Services Department, for conditions
of approval and further information - 536-5271 .
Alicia M. Wentworth
City Clerk
AMWtCB:bt
I .
trdeph al 1144n*t37I
X
REQUES FOR CITY COUNCIL ACTION
Date August 5 , 1982
Submitted to: Honorable Mayo,,,- and City Council
Submitted by: Charles W. Thompson, City Administrato , 'L
PrepwW by: James W. Palin, Director, Development Services Q
Subject: APPEAL TO THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL
USE PERMIT NO. 82-16
toment of Imm, Rewmmandatiun, Analysis, Funding Sourw,Altomati" Action;, At4chmenu: Cf
STATEMENT OF : ISSUE:
Transmitted for the Council ' s consideration is an appeal to the
Planning Commission' s denial of Conditional Use Permit No. 82-16 ,
a request to allow the establishment and operation of an electronic
game arcade within an existing building located on the northeast
corner of Warner Avenue and Green Street (4911 Warner Avenue) . The
subject property is currently zoned C2, Community Business District.
RECOMMENDATION:
The Planning Commission and staff recommend that the City Council
uphold the Planning Commission ' s denial of Conditional Use Permit
No. 82-16 . The Commission and staff also recommend that the City
Council adopt the findings fu- denial imposed by the Planning Com-
mission on July 20 , 1982.
ANALYSIS:
APPELLANT: Guy C. Graves, Jr. and Nancy S. Lynn
4911 Warner Avenue, Suite 105
Huntington Beach, California 92649
APPLICANT: Same as above
LOCATION: Northeast corner of Warner Avenue and Green S-,_r,_bet
(4911 Warner Avenue) .
RE ': To permit the establishment and operation of an al
so+
tronic game arcade.
PLANNING- COMMISSION ACTION:
ON MOTION HY- LIVEN• GOOD AND SECOND BY HIGGTfiS CONDITIONAL USE..''PERMIT'-
`. NO _8 Z. WAS DENIED BY THE FOLLOWING VOTE,
WITH THE FOLLOWING..
FINI�xNG3 a .; �. .
7�YSS: Livengood, ~Higgins, Pavna, Porter, Schumacher, M�rjahai"ngir
3�10E8's None
01001. 1
` ..
1
CUP 82-16 (APPEAL)
Aug. 5, 1982
Page 2
'IBSENT: Winchell
ABSTAIN : None
FINDINGS FOR DENIAL:
1. The proposed game arcade is not buffered on the north by build-
ings, utility easements, permanent open space or arterial
streets, as required by the criteria found in Section 9332
of the Huntington Beach Ordinance Code.
2. The proposed electronic game arcade is not located in a com-
mercial area at an intersection with a traffic signal.
DISCUSSION:
Conditional V . , Permit No. 82-1b ;s a request by the applicant to
establish and operate an electronic game arcade within an existing
commercial shopping center . The proposed game arcade will occupy
a 1 , 200 square foot suite and will have approximately 40 electronic
games available for use by the patrons .
The 1.87 acre site consists of two 2-story buildings fronting on
Warner Avenue. Buii ing A is approximately 12, 873 square feet and
Building B is approximately 17 , 879 square feet in area. The site
was approved by the Board of Zoning Adjustments on Novem'aer 5 , 1980,
: twin
g 148 on-site parking spaces
Section 9332(q) of the Huntington Beach Ordinance Code sets forth six criteria ...._. . .•.___.W_
which the Plar ling Camaission and staff must consider when revimiing an appli-
cation for an electronic game arcade. These criteria are as follows :
1 . The facility shall be separated from all residential property x
by a buffer including,- but not limited to buildings, utility
easements, permanent open space or arterial streets. Block
walls shall not be considered buffers.
The proposed electronic amp; arcade is not separated from tho
P P g P
residential property located to the, north by one of the above--
listed buffers . The proposed facility is only separated from
residential. housing located to the north by a parking to,: .
However, it eh�.Puld be noted that more than 120 feet of parking
area sep.Arates the proposed arcade from adjacent apartments.
2. The facility shall not be lr rated. closer than one-half mile
to any elementary, junior .-r senior high school.
The propose3 electronic game arcade complies wth ' the above
criteria, I'.arborview School is located approximately 3/4 of
a mile from -he site.
3. The facility shall be situated in a cc ...ercial area at an inter-
section with a traffic signal .
CUP 82-16 (APPEAL)
August 5 , 1982
Page 3
The existing shopping center is not located at an intersection
having a traffic signal . The nearest traffic signal is located
approximately 400 feet east or the site at the intersection of
Warner Avenue and Bolsa Chica Street. This may increase the
frequency of patrons crossing Wainer Ave,.ue without the aid of
a •traffic signal .
4 . Hours of operation shall be established by the Planning Commis-
sion.
The applicant has indicated that the hours of operation for the
proposed electronic game arcade will be as follows : Monday
through Thursday, 11: 00 AM to 11 : 00 PM, Friday, 11 : 00 AM to
1 : 00 At•;, Saturday, 10 : 00 AM to 1 : 00 AM, Sunday, 10 : 00 AM to
11 : 00 PM.
5. To eliminate obstruction of the public sidewalk and entryway
to the facility, a special area shall be set aside and desig-
nated for bicycle parking or bicycle racks shall be provided.
The applicant has indicated that one parking space located
adjacent to the proposed facility will be utilized for bi-
cycle: tacks . The applicant has also indicated that other
areas are available for bicycle parking.
6. There shall be at least one supervisory employee in attendance
18 years or older during operating hours .
The applicant will provide one supervisory adult employee at
all times during operating hours. In addition a uniformed
security Guard will be present on Friday and Saturday nights
to preclude any possible disturbances.
The 1, 200 square foot suite was required by the BZA to provide six
on-site parking spaces based on the general retail parking ratio
of one parking space for each 200 square feet of gross floor area.
Because the arcade is "family-oriented" and not solely for use by
young people, the staff concurs that available on-site parking for
this suite may not sufficiently accommodate all of the customers
patronizing the game arcade which has approximately 40 machines.
Contained within. the applicant ' s letter of appeal, reference is
made to Conditional Use Permit No. 82-17 , a request to relocate
an existing electronic game arcade from one suite to another suite
within an existing shopping center located at the southeast corner
of Beach Boulevard and Atlanta Avenue. In the letter of appeal,
the applicant compares the Atlanta/Beach location to his proposed
location at the northeast corner of Green Street and Warner Avenue.
In its analysis of the Atlanta/Beach game arcade, the staff noted
CUP 82-16 (APPEAL)
August 5 , 1982
Page 4
that the site is separated from residential housing on the west by
a frontage road and Beach Boulevard which is classified as a major
arterial highway. Iz, addition, the residential property located
to the west does not have direct access from this development to
Beach Boulevard. Access must be taken from Atlanta Avenue.
In the letter of appeal, the applicant also makes reference to the
traffic signal at the Beach/Atlanta site being located over 400
feet to the north. The applicant feels that this location does
not meet Criteria #3 which requires the facility t o be situated
within a commercial area at an intersection with a traffic signal .
Staff analysis of the Beach/Atlanta site indicated that the exis-
ting shopping center is an " integrated center" having vehicle access
throughout the shopping center. Review of the applicants proposed
location indicates that the existing parking lots located between
Warner and Bolsa Chica were not constructed having integrated ac-
cess. In addition, pedestrians have direct access to the proposed
arcade from the existing apartments located across Warner Avenue,
to the south. In its analysis , the staff was concerned that cus-
tomers of the arcade may cross Warner Avenue, without the safety
of the crosswalk located 400 feet east at Bolsa Chica Street and
Warner Avenue.
FUNDING SOURCE:
Not applicable.
ALTERNATIVE ACTION:
Reverse the Planning Commission ' s action and approve Conditional
Use Permit No. 82-16 based on the following findings .
FINDINGS FOR APPROVAL:
1. The proposed electronic game arcade is compatible with surround-
ing land uses and will not be detrimental to the general health
and safety of those people residing in the area .
2. The proposed electronic game arcade substantially complies with
the cri ceria found in Section 9332q of the Huntington Beach
Ordinance Code . .
CONDITIONS OF APPROVAL:
1. The floor- plan received and dated June 15 , 1982 , shall be the
approved layout.
2- The hours of operation shall be limited to 11: 00 AM to 11: 00 PM
Monday through Thursday, 11: 00 AM to 1 : 00 AM Friday, 10:00 AM
to 100 AM Saturday, 10:00 AM to 11:00 PM Sunday.
CUP 82--16 (APPEAL)
August 5 , 1982
Page 5
3 . The facility shall be supervised at all times during operating
hours by at least one adult over the age of 18.
4 . The proposed use shall comply with all bui., 'ing and fire Depart-
ment regulations.
5 . The Planning Commission reserves the right to rescind the con-
ditional use permit approval in the event of any violation of
the applicable zoning laws . Any .such decision shall be preceded
by notice to the applicant and a publi•-- hearing , an(; shall bE
based on specific findings .
ENVIRONMENTAL STATUS :
Pursuant to the provisions of the California Environmental Quality
Act, the proposed use is categorically exempt and no environmental
review is required .
SUPPORTING INFORMATION :
1 . Applicant' s letter of appeal dated July 30, 1982
2. Staff report dated July 20, 1982
3. Letter from Byron Henderson opposing CUP 82-16
4 . Letter from Andrew F. Stefanski opposing CUP 82-16
JWP :SMS: jlm
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Guy C . Graves, Jr .
N:.ncy S , Lynn
4911 Warner Avenue, Suite 105
Huntington Beach, CA 92649
The Honorable Mayor and City Council ' 6"41
City of Huntington Beach,
Huntington Beach, California 92548
Re: Appeal from Denial of Conditional Use P' j C. -16
Gentlemen:
We respectfully wish to appeal the Planning
Commission ' s 20 July 1982 disapproval. of Conditional Use
Permit (CUX) 82- 16 for establishment of an electronic game
arcade . We are enclosing our check in the amount of $ 165 in
payment of the filing fee for this appeal.
We are attempting to establish and operate a family
oriented electronic game arcade in a commercial shopping
center . The center fronts on Warner Avenue, and is
approximately 400 feet from the intersection of Warner and
�
Bolsa Chica Street , which is controlled by a traffic signal .
The Planning Commission found that our plans fully
complied with four of the six requirements set forth in
Section 9332( q ) of the Huntington Beach Ordinance Code.
However, as set forth in the Notice of Action dated July 21 ,
1982 , the Commission determined that our application did not
satisfy subsections ( 1 ) and ( 3) of that section, and on that
basis denied the CUX.
Subsection ( 1 ) requires that an arcade be separated from
residential property by a buffer including (but not limited
to) permanent open space or arterial streets . The subsection
1
exprerisly der: nes permanent open space as including park
sites , flood control and public utility easements at least
100 fee:: in width .
The Commission found that our facility was inadequately
buffered to the Nortn only . It made this determination
notwithstanding the fact that in excess of 120 feet of
parking area separates the center from Use nearee
residential peoperty .
Subsection ( 3) provides that an arcade facility be
located at an intersection with a traffic signal . Curs is
to be located no more than 400 feet from such an
interesection . Apparently deeming this proximity
insufficient , the Commission found that we had not met this
subsection.
It has been and i:- our position that our proposed
facility substantially complies with both the letter and
spirit of Section 9332(q ) . Indeed, until we received the
Commission ' s Staff Report dated July 20 , 1982, we fully
believed that the Commission shared that view. This belief
was not wishful thinking, but was based on statements ,
opinions and assurances expressed by Mike Strange and Pat
Spencer of the Commission Staff . This being the case , a
brief summary of our dealings with the Commission is
pertinent to this appeal.
In March '17,,92, we contacted Mr. Mike Strange of the City
Planning office to deteririne if Harbour Landing would comply
xith .'City regulations for an electronic game arcade .
2
*huntington beach develo mpt services de artment
P �
STAf f
POR
TO : Planning Commission
FROM: Development Services
DATE: July 20, 1982
CONDITIONAL USE I'II-MMIT NO. 82--16
APPLICANT: Guy craves/Nancy Lynn DATIs ACCEPTED:
630 Sr. Queen Stieof- 45 ~Tune 18 , 1982
Inglewood, Ca . 90301
I� MANDATORY PROCESSING DATE :
REQUEST : To permit the establishment
of an electronic game ar- I+ugust 18 , 1982
cade in an ryxisting shopping
center.
LOCATION : Subject property is located 'I.ONI: : C2
on the northwest corner of
Warner Avenue and Green St.
ACREAGE : (3L''NERAL I bAN :
1 . 87 acres General Commercial
EXISTING USI: : �
Shopping center
1. 0 -UGGESTED ACTION :
Staff recommends that the Planning Commission deny Conditional Use
Permit No. 82--16 with findings as outlined in Section 6 .0.
2 . 0 GEN&;PLhL INFORNSATION:
Conditional Use Permit No. 82--16 is a request by the a.�plicant to
permit the establishment of an electronic game arcade within an
existing shopping center suite located at the northwest corner of
Warner Avenue and Green Street.
� The •'proposed electronic game arcade will utilize 11200 square feet-
of floor area and will have approximately 40 electronic games
rt
•.... r..)- 1 ... . Yam" __. -. _...,_�. ...-
Mr-
CUP 82-16 •
July 20, 1982
rage 2
. available for use by the patrons.
3 . 0 ENVIRONMENTAL STATUS:
Pursuant to the previsions of. the California Environmental Quality
Act, the proposed use is categorically exempt and no environmental
review is necessary at this time.
4 . 0 GENERAL PLAN , ZONING AND LAND USE DESIGNATION:
Subject Proeert�:
GENERAL PLAN DESIGNATION: General Commercial
ZONE: C2, Community Business District
LAND USE: Existing shopping center
North of Subject Pro pert :
GENERAL PLAN DESIGNATIO14: Medium Density Residential
ZONE: R3, Medium High Densitv Residential
LAND USE: Existing apartment complex
East of Subject Property:
GENERAL PLAN DESIGNATION : General Commercial
ZONE: C2, Community Business District
LAND USE: Existing commercial business I'I
l
South of Subject Property: (across Warner Avenue)
GENERAL PLAN DESIGNATION : High Density Residential
ZONE: R3 , Medium High Density Residential
LAND USE: Apartment complex
West of Subject Property: (across Green Street)
GENERAL PLAN DESIGNATION: High Density Residential
ZONE: R3 , Medium High Density Residential
I-AND USE: Apartments
5.0 ISSUES AND ANALYSIS :
Conditional Use Permit No. 82--16 is a request by the applicant to
establish and operate an electronic game arcade within an existing
commercial shopping center. The proposed game arcade will occupy ,
'a .11200 square foot suite and will have approximately 40 electronic
games available for use by the patrons .
' 'The :1. 87 acre site consists of two, 2-story buildings fronting on .
' Warrior Avennue. Building A is approximately 12 , 973 square feet and
r
'1.
CUP 82--16
July 20 , 1982
Page 3
Building B is approximately 17 , 879 square feet in area . There are
148 on-site parking spaces provided with 53 of these spaces tieing
designated for compact cars . The center was conditionally approved
by the BZA on November 5 , 1980 .
Section 9332 (q) (Unclassified Uses) of the Huntington Beach Ordi-
nance Code, sets forth six criteria which the Planning Commission
must consider when reviewing an application for an electronic game
arcade. These six criteria are as follows :
1 . The facility shall be separated from all residential property by
a buffer including , but not limited to buildings , utility ease-
ments, permanent open space or arterial streets . Block walls
shall not be considered buffers.
I . The proposed electronic game arcade is not separated from the
residential property located to the north by one of the above--
listed buffers . The proposed facility is only separated from
residential housing located to the north by a parking lot. How-
ever. it should be noted that more than 120 feet of parking area
separ_ ILes the proposed arcade from the adjacent apartments.
2 . The facility shall not be located closer than one-half (h) mile
to any elementary, junior or, senior high school.
The proposed electronic game arcade complies with the above 1
criteria. Harbour View School is located approximately 3/4 of
a mile frcm the site.
3. The facility shall be situated in a commercial area at an inter-
section with a traffic signal.
The existing shopping center is not located at an intersection
having a traffic signal The nearest traffic signal is located
approximately 400 fee' east of the site at the intersection of
*Warner Avenue and Bolsa Chica Street. This may increase the
frequency of patrons crossing Warner Avenue without the aid of
a traffic signal.
4. Hours of operation shall be established by the Planning Commission.
The applicant has indicated than the hours of operation for the
proposed electronic game arcade will be as follows :
Monday through Thursday : 11 : 00 AM to 11 :00 PM .
Friday: 11 : 00 AM .to 1 : 00 MI
Saturday: 10 : 00 AM to 1 : 00 AM
Sunday: 10: 00 AM to 11: 00 PM
r
CUP 82-16
July 20, 1902
Page 4
5 . To eliminate obstruction of the public sidewal!r and entryway to
the facility, a special area shall be set aside and designated
for bicycle parking or bicycle racks shall be provided.
The applicant has indicated that one parking space located ad-
jacent to the proposed facility will be utilized for bicycle
racks. The applicant has also indicated that other areas are
available For bicycle parking .
6. There shall be at lease one supervisory employee: in attendance
eighteen (18) years or older during operating hours .
The applicant will. provide one supervisory adult employee at all
times du:cing operating hours . In addition. , a uniformed security
guard will be present on Friday and Saturday nights to preclude
any ,possible disturbances .
The 1, 200 square foot smite was required by the BZA to provide six
(6) onsite parking spaces based on the general retail parking ratio
of one parking spac,- for each 200 square feet of gross floor area.
Because the arcade is "family oriented" and not solely for use by
young people, the staff concurs that available onsite parking for
this suite m�.y not sufficiently accommodate all of the customers pa-
tronizing the game arcade which has approximately 40 machines .
In summary, the staff is recommending denial of this application be--
cause the facility is not situated in a commercial area at an inter-
section with a traffic signal . Analysis also indicates that the
proposed sire does not fully comply with criteria ro . 1 regarding a
"buffer" between the proposed electronic game arcade and existing
residential housing located to the north.
6. 0 RECOM14ENDATION :
Based on the above information and analysis, the staff recommends
that the Planning Commission deny Conditional Use Permit No. 82-16
with findings.
FINDINGS FOR DENIAL :
1. The proposed electronic game arcade is not buffered on the north
by buildings , utility easements, permanent open space or arterial
streets as required by the criteria found in Section 9332 (q) of
the Huntington Beach Ordinance Cvie .
2. The proposed electronic game arcade is not located in a commer-
cial area at an intersection with a traffic signal.
ALTERNATIVE ACTION :
If the Planning Commission considers to approve cot0itional Use Permit
No. , 82-16 , the following findings and conditions are sugde4ted- far
adoption:.
CUP 82-16
July 200 1982
Page 5
FINDINGS FOR APPROVAL:
1 . The proposed electronic game arcade is compatible with surrounding
land uses and will not be detrimental to the general health and
safety of those people residing in the area.
2 . . The proposed electronic game arcade substantially complies with
the criteria found in Section 9332 ((1) of the Iluntington Beach
Ordinance Code.
CONDITIONS OF APPROVAL:
I. The floor plan received and dated June 15 , 1982, shall be the
approved .layout.
,4
2. The hours of operation shall be limited to :
11: 00 AM to 11 : 00 PM Monday through Thursday
11: 00 AM to 1: 00 AM Friday
10 : 00 AM to 1: 00 AM Saturday
k .
10: 00 AM to 11. : 00 PM Sunday
jl 3. The facility shall be supervised at all times during operating
I : hours - by at least one adult over the age of. 18.
4 . The proposed use shall comply with all Building and Fire Depart-
ment regulations.
5 . The' Planning Commission reserves the right to rescind the Con-
ditional Use Permit approval in the event of any violation of 1
the applicable zoning laws ; Any such decision shall be preceded
by a notice to the applicant and a public hearing , and shall I
be based on specific findings .
I
ATTACHMENTS :
i
1. Area May
2. Floor Plan, site plan
3 Applicant' s narrra-Ave
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HARBOUR LANDING
I P-0
EXHIBIT I
DcscriLtion of Proposed
Game Arcade
'The operational philosophy be to create a family oriented
electronic game arcade which young people can frequent with
their parents ' confidence that: they are in a safe and wholesome
environment .
Space number. 105 , located in Harbor Landing , a new retail center
on the northeast corner of Warner Avenue and Gi.c^cn Street in
Huntington Beach is Lhe proposed site for the game arcade .
Harbor Landing is surrounded by on-site parking and separated
from residential property , consisting mainly of apartments and
condominiums , by parking lots , block walls and/or streets . Refer
to Exhibit 2 for plot and floor plans .
In order to create this type of environment , house regulations
will be established that forbid smoking , drinking , loitering and
illicit drug trafficc.r:ing on or near the arcade . Signs to this
effect will be prominently displayed .
During operational huurs a supervisory adult employee will be
present at all times to oversee and strictly enforce the rules .
No school age children will be allowed entry while school is in
session .
In order to eliminate obstruction of public sidewalks and entry-
ways into the facility , a designated area for the installation
of bicycle racks is provided for in the lease .
The proposed operatiiig hours are as follow:
Monday through Thursday 11 : 00 a .m. to 11 : 00 p .m.
Friday 11. : 00 a .m. to 1 : 00 a .m.
Saturday 10 : 00 a .m. to 1 : 00 a .m.
Sunday 10 : 00 a .m. to 11 : 00 p . m.
A uniformed security guard will be present on Friday and Saturday
nights to preclude any possible disturbances .
In addition, the lease states that if the arcade creates a nui-
sance or interferes with the rights of the other 1e,.sees , the
Lessor has the sole discretio:. of demanding private security
services for the protection of th;! center.
It is our intent to control the nois, level wherever possible .
To this end the walls will be covered with cork and the floor
Area carpeted. This will serve as an acoustical buffer to reduce
noise. Machines will be maintained at minimum volume levels .
Th* projected number of game machines is from 35 to 45 .
IU rear door will be used as an emergency exit only .
Kati.
sr1 enc�et�o►CnsutaR�Ge "f'/
ImuOLSA CHICA, SUITE 103 • P.O. BO 14
HUNTINGTON BEACH, CALIFORNIA 92"9
(213) 592.3317 (714) 84,6-1361 (415) 836-6571
July 15, 1982
City Planning Commission
City of Huntington Beach
2000 Main Street
Huntington Beach , CA 92646
RE : Conditional Use Permit 182- 16
r . Dear Commissioners :
It has come to uy attention through it legal notice from your
offices that you are considering it conditional use permit for
an electronic ga►ne nrcae— located on the NE corner of Warner
Avenue and Green Street which is within close pro.rimity to my
business office .
This type of activity generally does not lend itself to office
building complexes in which the general area is developing
into . I woutd appreciate it very much if you would give strong
consideration to denying the hermit for this electronic game
arcade as it will tend to bring in a clientele that does not
meet with the general atmosphere of the surrounding area .
Thank you for your consideration on this matter .
Best egards ,
BYRO IENUCRSON
HENDtRSON INSURANCE AGENCY
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NOTICE OF PUBLIC HEARING
,
APPEAL TO THE PLANNING COMMISSION'S DENIAL
• OF CONDITIONAL USE PERMIT 82-16
NOTICE LS HEREBY GIVEN that a public herring will be held by the City Council
I of the City of Huntington Beach , in the Council Chamber of the Civic Center,
Huntington Beach, at the hour of P.M. , or as soon thereafter as
possible on _ may_ the 16th day of must ly,gL.
for the pu;-pose of considering an appeal to the Planning Commission' s denial of
Conditional Use Permit No. 82-16, a request to permit the establ,shment of an electronic
game arcade within an e.�isting building located at the northeast corner of Warner Avenue
and Green Street .. (4911 Warner Avenue within the C-2, (Community Business District) .
A legal description is on file in the Department of Development Services Office.
r
Al interested porsons are invited to attend said hearing and express their
4,V. , ans .for or against said appeal
furthlrir infarutic r may be obtai i ned from the Office of the City Clerk, 2000 Me i n
�� S►#r+ertt, `I4untirogtan' Beach, Ca l i ferni a. 'g02648 - (714) 536-5227
4 y
IMTE� � �1 CITY OF HUNTINGT0N BEACH'
~} By. Alicialr"th
City Y!J ✓}� r
a� a.
J
NOTICE TO CLERK TO SCHEDUIL PUBLIC HEARINC
ITEM C. 6% ►S.R ._..�..�..�,
TO: CITY CLBRK'S OFFICE DATE:
Wp6FROM: 11 r .ez v tJ l CA
PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE
nAY OF 19 1ft+
AP's are attached
AP' s will follow
No AP's
Initiated by:
Planning Commis s ion
Planning Department
Petition
* Appeal
Other
Adoption of Environmental Status (x)
YES 140
Refer to { ,. (,� ,,,.� Planning Department - Extension d S
G21 --
for additional infoerativn.
* If Epp,eel. plraae tranauit exact wording to be required in the legal.
r
dl+,t
Jas
T 101 ,N
LBGAL NOTICEy ,
NOTICE OF PUBLIC HEARING ,SIR +3
all
NOTIC$ IS SY GIVEN that a public aring will be held
by the City n of the City f Huntington Beach,
California, for the purpose of considering
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Said hearing will be held at the hour of � 3� P.M. , on
Auch ILP . M67..., �, in the Council Chambers Building of the
Civic Cent r, 2000 Main Street, Huntington Beach, California.
All interested persons are invited to attend said hearing and
express their opinions for or against the proposed LWa
Further information may be obtained from the City Planning
Department.
Telephone No. (114) 536-5271
DATBD this day of
CITY PIANNING COMMISSION
By
P
178- 262-06
UAW C. GM1008 Jr CUP 082-16 Won= PCtttrm!kr
Nhaoy S Zym June 17, 1982 (JH) 5081 Pearce Drive
630 W. Q1t m Stnot Unit 5 Huntingtron Beach. CA 26649
Ltigl+awad, Call 90301
178-262-07
Hadlaaur Plaza Parbvwship 163-291-02 Heinco
Nonnan W Redl et al Corp.
P.O. Ijaoc 8625 Drive 200 Newport Center Drive
ibu taro Vellrey, Calif. 645 yside Drive Suite 311
92708 Seal Beach, Calff Newport Beach, CA 92660
90740
163-281--01 178--262-08
Witold Muller Ray G 1-10 Jeffrey C. Hunter
801 S Garfield Avenue Suite Ray CBusiage 923 N. San Antonio Avenue
2062 Business Center Drive
107 Suite 105 Apt. A
A1hwLxa, Calif 91801 Irvine, Calif 92715 Parmna, CA 91767
1633281-02 163-291-11 108-262-09
Charles L Harriet B. Reeds Andrew F. Stefanski
4952 Warner Avenue i318 2447 Shady Foreet Lary 7296 85th Street
Ihmtb.K tm Beach, Calif Orange, CA 92667 Los Angeles, CA 90045
96649
163-281-03 16 3-291-70 178-262-40
rbnticelI LTJ Westfield Huntington Co. Maxy George
Iiuntirvit n Bewh 1.7802 Skypruk Bivd. Ste. 104 4851 Wang AVenue
15 Brobkhollnw Drive Irvine, Ch 92715 11untir4ton Wach, CA 92649
Santa Ana, Calif 92705
163-281-04
178-262-01, U2 178-262-11
rtntiael I LTD Auntin� Ralph A. laic n Tbmw P. Wand
I % S.W.R.L. 4202 Branford Drive
11nk rk velopment Corp 4665 Lmpsan Ave. Huntington Beach, CA 92649
2035 E Ball Rd. Los Alamitos, CA 90720
178-262-02,03 178-262-12
t�nalrraSm, Calif McGowan & ScdUcissberV Invest. Michael Feller
92606 14929 Garfield Avenue 16862 Blanton .St Apt. M
" Para mnt, CA 90723
Huntington Beach, Calif
92649
163-291-�01 178-26Z-04 178-262-13
Patrick.V. Lvughcwane Dennis S Ra ff
8071 S3er Avenue200 c/o Claude J Klur3
Huntirn� Beach, CA 92647
Y! 16491 Tzopew Lairs
Huntinftm seam, Calif 92649;.'
178-262-05
161�291-�01 178-262-14
, : .'3 ms.Pal r�`' &�ker nth L Barry
1
. 19�1 S tYreL 617""tan Aid 16891 Green Street
t not Or bogie 0111f Pa as Vardes Mutates, CA hwtinjtar Beach Calif
9 90274 92649
d 4
{� ,:
176-263-21
Pal L PlAtt
3 is CUP #82-16 6392 Bail Avenue
1 1 Jan 17, 19U QH)
Beach, Calif
. ' camm92647
k 71 - 3-16 178-263--12 178-263-22
.��ssat JoinMazes Steve y Maz Stevie Dolph
1 352 Avalon Law6541 C rieti Palms Wve 16892 Creed Street Apt 1
&I Hunt�.ngton seadz, Calif Huntingtm Beach, Calif
_647 92647 92649
78,,262-17 178-263�-14 178-263-23
T.�orm i SchLas�es;l R1c Frederick W Kruger Antt�y J I,erre
wasItM nts 16862 Cam Street 16912 Grem Street 14
49,29 Ga►rfi&W Amme Huntington Beach, Calif $uontingtcn BEACH, Calif
irar�t, Calif 90729 92649 92649
.78�-263-02 178-263-15
mamv c peon Maxus D Dvdecxt
of Omm Avemn 9307 GTindl,ay Street
3a1:Basch, Wit 90740 Cypress, Call
M630
178-263-16
George Strafing
pill" 3842 Hackett Avenue
lung Beach, Calif
90808
78-263-07 178-263--17 �
altur W T441M Clara T Higgins
3 5'7th Plroe 4921 Charlene Circle
9seache Calif MmUngtron Beach, Calif
t0803 92649
7&-263-09 178-263-18
'.. 4 S allay Charles 8 Cruzat at al
L69i1 61aa Odoft Fd 17352 Avalon rare
! BrNa�h, Calf f Wntingtan Beach, Calif
92647
178 263-1�}.. 263-19
ChAraw Circle Partnership
336 T 17th Strost
Carta Meth, Calif
92627
01
170-263-20 : t
10412 S1 mcada wary
Oft"t
$ 4, Los ALwd,aw, Calif
� .. 9072a
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