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RESOLUTION NO. 5056
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARCADIA UPHOLDING THE DECISION OF THE PLANNING
COMMISSION ON APPEAL AND DENYING CUP 82-8 FOR A
VIDEO GAME ARCADE ENTERTAINMENT CENTER AT 9954
LAS TUNAS DRIVE AND MAKING FINDINGS OF FACT
WHEREAS, on March 23,~~82, an application was filed by
Mr. Yun Sam Chung for a conditional use permit CUP 82-8 to conduct
a video game arcade entertainment center at 9954 Las Tunas Drive for
which he has a lease contingent on receiving approval of CUP 82-8;
WHEREAS, on May 11, 1982 the City of Arcadia Planning Commis-
sion held a duly noticed publ~c hearing at which time all interested
persons including applicant's representatives were allowed to be
heard and present evidence, and on May 25, 1982, the Planning
Commission adopted its Resolution No. 1198 denying CUP 82-8 by a
vote of 6-0 with one 'member absent and made findings of fact:
(1) That the site for the proposed use is not adequate in size and
shape to accommodate said use's parking which is required to adjust
said use with the land and uses in the neighborhood; (2) That the
proposed use will increase vehicular traffic on a street in a resi-
dentially zoned district; (3) That the granting of this Conditional
Use Permit would be detrimental to the public health or welfare or
injurious to the property or improvements in such zone or vicinity,
WHEREAS, applicant appealed the decision of the Planning
Commission to the City Council and on July 6, 1982 the City Council
held a duly noticed public hearing at which all interested persons
including applicant's representatives were allowed to be heard
and present evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES
HEREBY RESOLVE, FIND AND DETERMINE AS FOLLOWS:
SECTION 1. That the City Council hereby makes the following
findings of fact:
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A. The building in which the video game arcade entertainment
center is proposed to be located will be subdivided into four
leasable sections. Presently Aaron Brothers occupies 9,540 square
feet and the Shapemakers Women's Health Club 6,000 square feet.
The center would occupy ,2,013 square feet and 1,647 square feet
will be unleased.
B. That the building is contiguous with the boundary between
the City of Arcadia and Temple City.
C. The applicant proposed
game machines with the following
a maximum of forty
hours of operation:
(40) video
Sunday through Thursday
Friday and Saturday
11:00 a.m. to 10:00 p.m.
10:00 a.m. to 12:00 a.m.
D. That Planning Staff made 17 site inspections surveying
available parking spaces and concluded that parking spaces for the
proposed use are inadequate.
E. That the health club creates a demand for 30 to 70 parking
spaces. Aaron Brothers, the health club arid Wendy's alone,would
need 166 parking spaces and the site now only has 157 parking
spaces. Both Aaron Brothers and Wendy's have parking requirements
listed in the zoning ordinance (9296.5), while the health club is
a conditional use permit use which has no predetermined parking
standard due to its ability to create high demands upon parking at
any given time.
F. That the greatest demand for parking on the site occurs
after 5:00 p.m. and continues at least through 8:00 p.m. at the
subject site.
G. Aaron Brothers and Wendy's have yet to generate the demand
for parking that other retail businesses and eating establishments
are capable of producing. The City has no control over future
subdividing of the building or other tenants that may generate a
greater demand for parking.
H. That the proposed use will increase vehicular traffic
along Rowland Avenue which is residentially zoned except for those
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properties fronting on Las Tunas Drive. After 5:00 p.m. parking
along Rowland Avenue substantially decreases even though the uses
generate more business. This is due to the health club and Aaron
Brothers having direct entrances from the parking lot and the bank
closing. Besides being 'situated on the corner of two streets
which makes street parking more desirable to patrons, the video
center will have its entrances directly off of Las Tunas and Row-
land, and not the parking lot. The majority of available on-site
parking spaces can be found at the southeast corner of the lot
south of Wendy's. Street parking will be available and more
convenient to patrons of the video center than much of the parking
lot.
I. Written opposition to this application has been received
from Temple City's City Council, a petition signed by 25 property
owners representing 17 properties, Continental Bank and that the
pastor of the Temple City Church of the Nazarene across the street
from the proposed center has spoken in opposition to this application.
J. That the site for the proposed use is not adequate in size
and shape to accommodate said use's parking which is required to
adjust said use with the land and uses in the neighborhood.
K. That the proposed use will increase vehicular traffic on
a street in a residentially zoned district and create a hazard
for pedestrians in said district.
L. That the granting of this Conditional Use Permit would be
detrimental to the public health or welfare or injurious to the
property or improvements in such zone or vicinity.
M. That the proposed use will have a significant detrimental
effect on the environment.
SECTION 2. That we hereby uphold the decision of the Planning
Commission on appeal and deny the application for CUP 82-8.
SECTION 3. That the adoption of this Resolution is a final
decision of the City Council.
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SECTION 4. That this Section 4 hereby constitutes notice to
the applicant that the time within which judicial review must be
sought of this decision is governed by Code of Civil Procedure of
California Section 1094.6 as implemented by Ordinance No. l679 of
the City of Arcadia adopting Section l6l0 of the Arcadia Municipal
Code.
SECTION 5 That the Clerk of the Council shall certify to the adoption
of this resolution.
I HEREBY,CERTIFY that the foregoing
meeting of the City Council of the City of
. by the affirmative
resolution was adopted at a regular
Arcadia held on the 3rd
day of
August, 1982
to wit:
vote of at least three Councilmen,
AYES:
NOES:
ABSENT:
Councilmen
None
Councilman
Haltom, Hannah, Lojeski & Pell~grino
Dring
8Ju;~ 4~
City Clerk of the City of Arcadia
Mayor of the
ia
~~
City Clerk
"'Q"",
SIGNED AND APPROVED this 3rd'
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