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HomeMy WebLinkAbout6285 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: 6285 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. -2- 6285 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. -3- 6285 ..... 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 -4- 6285 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 5 6285