Loading...
HomeMy WebLinkAbout5056 ~ft, jL 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: -1- 5056 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 -2- 5056 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. -3- 5056 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' -4- 5056