RES-8005 Denying Conditional Use Permit No. 1946-92RESOLUTION NO. 8005
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE UPHOLDING THE RECOMMENDATION
OF THE PLANNING COMMISSION OF THE CITY OF
ORANGE AND DENYING A CONDITIONAL USE PERMIT
TO ALLOW A BILLIARD ENTERTAINMENT FACILITY
WITH ASSOCIATED RESTAURANT SERVING BEER AND
WINE IN THE CTR DISTRICT UPON PROPERTY SITU-
ATED ON THE WEST SIDE OF SANTIAGO BOULEVARD
BETWEEN LINCOLN AVENUE AND ROBINBOOD PLACE.
CONDITIONAL USE PERMIT 1946-
92 APPLICANT: JOHN S.
OTTEMAN
RECITALS:After report thereon by the Planning Commission and after
due public hearings as required by law, and after receiving
a recommendation from the Planning Commission, recommending,
by Resolution No. PC-4-92, that Conditional Use
Permit 1946-92 be denied to allow a billiard
entertainment facility with associated restaurant serving beer and wine in the
CTR district upon property situated on the west side of
Santiago Boulevard between Lincoln Avenue and Robinhood Place, the
City Council considered Conditional Use Permit 1946-92, and determined
that the recommendation of the Planning commission should be
upheld and Conditional Use Permit 1946-92 be denied.
Subject property is more particularly described
on Exhibit "A" which is attached.During the public hearing, the
City
Council found the facts as follows:1. Three irregularly shaped
parcels of land creating a nearly rectangular shaped site
with a combined area of approximately 28,980 square feet, located on
the west side of Santiago Boulevard between Lincoln Avenue
and
Robinhood Place, addressed 2688 santiago Boulevard.2. Conditional use
permit application to allow a billiard entertainment facility
with an associated restaurant serving beer and wine in
the CTR (Commercial Tustin Redevelopment) district.orange Municipal Code Section
17.43.030 allows the Planning Commission to consider any use
which they determine to be similar to other conditionally permitted
uses in the CTR zone. The Planning Commission at their December
16, 1991, meeting made such a determination and agreed
to consider the applicant's conditional use permit request. Orange Municipal
Code section 17.80.030 allows an original on sale
restaurant alcoholic beverage license in the CTR zone SUbject to the
issuance of a conditional use permit.3. site development consists
of 12,297 square foot commercial building constructed in 1963
which is currently vacant. Sixty one 61) off street parking spaces
are provided on site. Access is provided from santiago Boulevard
by two 25 foot wide driveways located at the north and south
of the site revealed that parking lot striping has faded and that
the trash enclosure located near the southwest corner of the site
has been marked by graffiti.
4. Santiago Boulevard is designated on the City's Master Plan of
Streets and Highways as a secondary arterial roadway with an 80
foot right of way. The site is located approximately 120 feet
south of the Lincoln Avenue off ramp of the north bound Newport
55) Freeway.
5. Surrounding land use and zoning include:
North - a service station, zoned CTR South -
a retail commercial center, zoned CTR West - the
Newport (55) Freeway East - single family
residences across Santiago Boulevard located on a low
hill at an elevation approximately 25 feet higher than the
project site.6. The applicant is
proposing to lease 7,747 square feet of the commercial building for use
as a billiard parlor and restaurant with a bar serving
beer and wine. The facility will have 31 pool tables with a minimum
four foot aisle between tables and a five foot aisle between the
table and wall.7. Plans indicate that
the bar, kitchen and rest rooms will be located along the south
side of the lease space with dining tables and seating located in
the southeast corner, along the building perimeter and in the
middle of the facility between the pool tables. The applicant indicates
that food items and beer and wine will be served throughout
the facility. As indicated on the floor plan, the large round
tables will be primarily for dining, seating four persons. The smaller
round tables will seat two persons for patrons consuming food and/
or beer and wine. The rectangular tables will be taller
bar tables with two bar stools each, used primarily by patrons consuming
beer and wine.8. Proposed hours of
operation will be from 10:00 a.m. to 2:00 a.m. seven days
per week.9. The applicant indicates
that the primary function of the facility will be billiard
entertainment, with the restaurant and bar provided as an
incidental service for the billiard customers.Staff has identified a
number of land use issues for this project requiring evaluation by the
Planning Commission including:compatibility of the proposed
facility with existing and planned adjacent commercial uses, potential
impact to nearby residential uses, adequacy of off
street parking and circulation, and potential pOlice and public safetyimpactsinherentinpoolhalls.10. The applicant is
proposing to operate the facility from 10:00 a.m. to 2:
00 a.m. nightly. Adjacent commercial property south of the site should not
be affected by the hours of operation because the adjacent parking areas
are separated by landscaping and reciprocal access is not
provided. The adjacent service station north of the site
does have reciprocal access with the project Reso No_ 8005 2-
site, but no significant negative impact is anticipated with
increased traffic generated by the proposed billiard facility.
Increased use of the currently vacant commercial site may benefit
adjacent commercial uses by increasing the number of potential
customers in the area. Economic Development Division staff
indicated that an infusion of high quality recreational and evening
activities is needed in the Tustin street Redevelopment Project
Area. If the Commission determines that this use will provide such
an amenity, then Redevelopment staff would support the project as
one which is consistent with the Redevelopment project area goals.
11. Residences east of the project site are located approximately
110 feet from the parking area and more than 175 feet from the
facility building, at a 25 foot higher elevation. Consequently,
staff does not anticipate significant negative impact to nearby
residences due to the late hours of operation proposed. Staff
anticipates that the Newport Freeway located west of the project
site will mask significant traffic and patron noise generated from
the project site. The applicant indicates that their busiest hours
are typically from 8:00 p.m. to 10:00 p.m.
12. Orange Municipal Code section 17.76.040 requires that pool
halls provide off street parking at the ratio of five (5) spaces
per 1,000 square feet of gross building floor area, the same ratio
as required for commercial uses or a parking total of 61.4 spaces
for the 12,297 square foot building. The 61 off street parking
spaces provided are in compliance with Code requirements. No
significant parking impact is anticipated with the proposed
billiard facility or with the subsequent leasing of the adjacent
space in the building for commercial use. A condition is being
recommended that the parking lot be restriped in compliance with
current City standards including the relocation of handicap parking
spaces adjacent to the building.
13. The City's crime Prevention Bureau has a number of concerns
with the proposed use as follows:
a. Other billiard parlors in the City have proven to be an
attraction for juveniles, including runaway and missing teens.
One billiard parlor in West Orange became a "hangout" for
juveniles, and the police were called on a frequent basis as a
result of fights, loitering and speeding/joyriding complaints.
Therefore, the Crime Prevention Bureau is concerned that the
use of this facility by juveniles be regulated, particularly
to minimize the opportunity for use during school hours and
alcohol consumption by minors.
b. state law prohibits the admission of juveniles under the
age of 18 from the premises between the hours of B:OO a.m. and
3:DO p.m., Monday through Friday when school is in session
Compulsory Education - Code section 48264) and Orange Municipal
Code section 9.28.010 prohibits juveniles from remaining
on site after the hour of 10:00 p.m. unless accom-panied
by a parent or legal guardian. Past experience indicated
that billiard parlors and arcades have been lax in their
control of under age patrons creating enforcement Reso
No. 8005 3-
problems for the City's Police Department.
c. The Crime Prevention Bureau is concerned that there is no
physical separation between the bar/restaurant area and the
billiard area of the facility, allowing the consumption of
alcoholic beverages in proximity to minors (persons under 21
years of age) and creating a situation where minors may be
able to obtain alcoholic beverages from persons bringing the
beverages from the bar area to the pool tables.
The Crime Prevention Bureau recommends a number of conditions
to address this issue:
1. Revise the floor plan to move all dining and bar
tables from the game area, and erect a permanent barrier,
such as a low wall or railing, to separate the
bar/restaurant area from the game area. (Condition #4)
2. Prohibit the consumption of alcoholic beverages in
all areas outside the bar/restaurant area. (Condition #4)
3. Require the applicant to contact the Orange Police
Department Vice Intelligence unit concerning the enforce-
ment of ABC door policy regulations. (Condition #5)
d. Based on past experience, the Crime Prevention Bureau
notes that in general, a greater level of police service is
required for billiard faculties and arcades than that required
for other commercial uses. As a general measure to provide
on-site control, and to deter crime within the parking
area,the Crime Prevention Bureau recommends a condition that
a licensed uniformed security guard be provided in the
evening when building occupancy exceeds more than 25 customers.
They further recommend monitoring of the number of police
service calls to determine if the billiard parlor has generated
a significant increase in the demand for police services.
If the Crime Prevention Bureau determines that
significant increase in police service calls has occurred, then
the conditional use permit shall be brought back to the
Planning Commission for review and possible revocation of the
permit.14. Billiards are not a use which is specifically called out
in the C-TR zone, however, within the C-2 zone, billiard
parlors are a permitted use. Pool or billiard tables are
also permitted by conditional use permit in the C-2 district as
an incidental use in establishments where alcoholic beverages are
sold, provided that an unobstructed area of not less than 7
feet is maintained surrounding each table. In the proposed
establishment within the C-TR district, billiards are a primary
activity and therefore the C-2 requirement is not
directly applicable. Additionally, the City's Building and
Fire Department representatives on the Environmental Review Board examined the proposed
floor plans at the December 11,1991 Environmental Review
Board meeting and determined that the proposed four foot wide aisles
between pool tables is in the conformance with
Building and Fire Code requirements. Uniform Building Code
seismic safety requirements state
that moveable Reso
objects over 400 pounds (such as pool tables) must be secured
against moving in the event of an earthquake. A condition is being
recommended requiring the applicant to submit plans to the Building
Department showing compliance with seismic safety standards prior
to building occupancy.
15. Orange Municipal Code section 17.92.020 lists the following
criteria for review of conditional use permit applications:
1. A conditional use permit should be granted upon sound
principles of land use and in response to services required
by the community.
2. A conditional use permit should not be granted if it will
cause deterioration of bordering land uses or create special
problems for the area in which it is located.
3. A conditional use permit must be considered in relation-
ship to its effect on the community or neighborhood plans for
the area in which it is to be located.
4. A conditional use permit, if granted, should be made
subject to those conditions necessary to preserve the general
welfare, not the individual welfare of any particular
applicant.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of orange that Conditional Use Permit 1946-92 be denied for
the following
reasons:1. The proposed billiard entertainment facility will
generate late night noise and activity which will have a detrimental
effect on the adjacent
neighborhood.2. The commercial zoning in this area is intended to
permit commercial support for the adjacent neighborhood. The proposed
use is not a neighborhood support, but rather a draw or destination
for a wider area, and therefore should be located in an employment
or entertainment center, rather than a residential
area.ADOPTED this 12th May
1992.
ATTEST:4 ...,-,~-..try'citClerkofheC' of range 5-
Reso No. 8005
I hereby certify that the foregoing Resolution was duly and
regularly adopted by the city council of the city of Orange at a
regular meeting thereof held on the 12th of May, 1992, by the
following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: STEINER, BARRERA, MAYOR BEYER, SPURGEON
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: COUNCILWOMAN COONTZ
city
Clerk
th~Cit of Orange SSH/dg
6-Reso No. 8005
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