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RESOLUTION NO. 6285
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING THE APPEAL OF
THE PLANNING COMMISSION'S ACTION ON
AMENDMENTS TO RESOLUTION 1634 (CUP 01-006) FOR
A COMPUTER GAME ARCADE AT 651 WEST DUARTE
ROAD
WHEREAS, on December 19,2001 an appeal was filed by Kuo Zhang on
behalf of V-Games (Digit Century) appealing the Planning Commission's 2-2 vote
on amendments to Conditional Use Permit 01-006 (Resolution 1634) requesting
to extend the hours of operation for the existing computer arcade from 12:00 p.m.
to 4:00 a.m. seven days a week in lieu of the current hours of 1 :00 p.m. to 1 :00
a.m.; and to increase the number of computer stations from 30 to 60 for a
computer game arcade at 651 West Duarte Road Planning, more particularly
described in attached Exhibit A; and
WHEREAS, a public hearing was held before the Planning Commission
on December 11, 2001, to consider a request by the applicant to amend the
conditions of approval of C.U.P. 01-006 (Resolution 1634) at which time all
interested persons were given full opportunity to be heard and to present
evidence; and
WHEREAS, the Planning Commission voted 2-2 with one member absent
to approve the increase in the number of computer stations for the existing
computer game arcade from 30 to 60 stations and to deny the request for the
extended hours of operation. Because of the tie vote, the action is considered a
denial; and
WHEREAS, on December 19, the applicant appealed the Planning
Commission's action; and
WHEREAS, on February 5, 2002 the City Council held a public hearing on
said appeal; and
WHEREAS, as part of the record of this hearing, the City Council reviewed
and considered:
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1. All staff reports and related attachments and exhibits submitted by
the Community Development Division of the Development Services Department
to the City Council;
2. The record of the Planning Commission hearing regarding C.UP.
01-006;
3. All information- and material and documentation presented as part
of the public testimony at the Planning Commission public hearing on December
11, 2001, including the staff report, the environmental documents (including the
Negative Declaration); and
WHEREAS, the City Council adopted the Negative Declaration for C.UP.
01-006 at its meeting on February 5,2002; and
WHEREAS, the above recitals are hereby incorporated as part of the
findings set forth below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the factual data submitted by the Community Development
Division in the attached report is true and correct.
Section 2. The City Council finds:
1. That based on evidence from the Police Department and the
Development Services Department the granting of such conditional use permit will
not be detrimental to the public health or welfare, or injurious to the property or
improvements in such zone or vicinity.
2. That the use applied for at the location indicated is a proper use for
which a conditional use permit is authorized as established in the zoning
ordinance.
3. That the site for the proposed computer game arcade is adequate in
size and shape to accommodate said use. All yards, spaces, walls, fences,
parking, loading and other features are adequate as designed to adjust said use
with the land and uses in the neighborhood.
4. That the site abuts streets and highways adequate in width and
pavement type to carry the kind of traffic generated by the proposed use.
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5. That the site is designated as "Commercial" on the General Plan. The
proposed computer game arcade is consistent with that designation and the
granting of such conditional use permit will not adversely affect the comprehensive
General Plan.
6. Subject to the conditions set forth in this Resolution, the use applied for
will not have a significant adverse impact on the environment.
Section 3. That for the foregoing reasons, the City Council approves the
amendments to Conditional Use Permit 01-006 (Resolution 1634) for the
increase in the number of computer stations from 30 to 60 and a change in hours
to 12:00 p.m. to 1 :00 a.m. subject to the following conditions:
1. Condition 5 of Resolution 1634 is amended to read: "The proposed
business shall be limited to sixty (60) computer stations and the operation of the
computer arcade shall be between the ours of 12:00 p.m. and 1 :00 a.m."
2. Condition 6 of Resolution 1634 is amended to read: "That there
shall be four employees in identifiable uniforms on site at all times during the
arcade operation. During the hours of 6:00 p.m. to closing one of the employees
shall be a security guard. Said employees shall be a minimum of 21 years of age
per Section 6411.5, Subsection 2 of the Arcadia Municipal Code." Condition 6
shall supersede Condition 8 of Resolution 1634.
3. That the operation of this computer game arcade and its compliance
with the provisions of C.U.P. 01-006, the revisions set forth in this resolution and
the City's regulations for game machines and game machine arcades are subject
to review by staff and reevaluation by the Planning Commission at a time not more
than six (6) months after adoption of this Resolution. The applicant shall pay a fee
of $250.00 to compensate the City for the expense of this review.
4. All of the other conditions set forth in Resolution 1634 shall be
complied with as written.
5. That amendments to C.U.P. 01-006 shall not take effect until the
owner and applicant have executed a form available at the Community
Development Division indicating awareness and acceptance of the conditions of
approval.
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5. Noncompliance with the provisions and conditions of this Conditional
Use Permit shall constitute grounds for the immediate suspension or revocation of
said Permit.
Section 4. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this 5th of
March
,2002.
ATTEST:
1'-". . ,.J
C'lerk of the City
APPROVED AS TO FORM:
~~CJ. ~
Stephen Deitsch
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that
the foregoing Resolution No. 6285 was passed and adopted by the City Council ofthe
City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council held on the 5th day of March, 2002 and that said Resolution
was adopted by the following vote, to wit:
A YES: Council member Chandler, Chang, Kovacic, Marshall and Segal
NOES: None
ABSENT: None
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