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HomeMy WebLinkAbout1210 . - . 4;.... <-I o Q . ~ ". '~ "l INot ratified by City Council I See Ordinance #/7t 'f RESOLUTION NO. 1210 A RESOLUTION OF THE PLANNING CO; OF THE CITY OF ARCADIA RECOMMENi OF T .A. 82-4 ADDING GAME I-IACHINL. ..._ _...._ MACHINE ARCADE REGULATIONS TO THE ZONING REGULATIONS OF THE ARCADIA MUNICIPAL CODE. WHEREAS, a text amendment was initiated by the City Council for the consideration of adding game machine and game machine arcade regulations to the Arcadia Municipal Code; and WHEREAS, public hearings were held on September 28 and October 12, 1982 at which time all interested persons were given full opportunity to be heard and to present evidence; , . NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RECOM~lENDS TO THE CITY COUNCIL THAT THE FOLLOI.JING MIENmlENT BE I-IADE TO THE ARCADIA 1-1UNICIPAL CODE: Section 1. That Section 9260.1.10.1 be added to the Arcadia ~lunicipal Code as follows: "9260.1.10.1. GAME 1-1ACHINES. No more than two (2) game machines shall be considered as an accessory use in each hotel, eating establishment and restaurant." Section 2. That Section 9262.1.3. be added to the Arcadia Municipal Code as follows: "9262.1.3. GAME MACHINES." Section 3. That Section 9266.1.3. be added to the Arcadia Municipal Code as follows: "9266.1.3. GAI-1E MACHINES. No more than two (2) game machines shall be considered as an accessory use in each eating establishment and restaurant." Section 4. That Section 9275.1.37.2. be added to the Arcadia Municipal Code as follows: "9275.1.37.2. GAME 1-1ACHINE ARCADES. C-1, C-2. and C-M." Section 5. That Title 6 of Article IX, Chapter 2, Part 7, Division 5 be added to the Arcadia Municipal Code as follows: -1- 1210 . . t ,- i....... ,', .:". '.--." ..... . ,~ ~. ,"-'; .....-. ".'.', "ARTICLE IX. CHAPTER 2. PART 7. DIVISION 5. TITLE 6. DIVISION AND USE OF LAND ZONING REGULATIONS OVERLAY AND SPECIAL ZONES CONDITIONAL USES SPECIAL REGULATIONS - GANE ~lACHINE ARCADE d 9275.6.1. DEFINITION. For purposes of this Division, a "game machine arcade" is hereby defined as any place of business containing three (3) or more game machine as defined by Section 6104.1. of Article VI, Chapter l,of the Arcadia Municipal Code. 9275.6'.2. APPLICATION. Every game machine arcade shall be subject to all of the regulations applicable to a per- mitted use in the zone in which the' establishment is located; provided, however, that whenever the regulations of this Title are more restrictive (or impose higher standards or requirements), the requirements of this Title shall control. 9275.6.3. OFF-STREET PARKING REQUIREMENTS. One(l) parking, space shall be provided for every two (2) game machines. When a fractional figure is found as a remainder in compu- tations made to determine the amount of off-street parking, such fraction shall be construed to be the next largest whole number. All locations shall have accessible and adequate off-street parking facilities for automobiles, bicycles and other modes of transporation. The location shall provide storage facilities to prevent an accumulation of bicycles and skateboards on publ~c property in such a manner as to inter- fere with the uSe of sidewalks or streets by members of the public. 9275.6.4. PUBLIC RESTROOM FACILITIES. Public restroom facilities shall be pr~vided Kithin a game machine arcade for customer use. There shall be a men's and women's res troom ,each wi th a minimum' of one (1) wa ter closet." Section 6. The Planning Commission finds that the public necessity, convenience and general welfare justify the above recom- mendations. Section 7. , The Secretary shall certify to the adoption of this resolution and shall cause a copy to be forwarded to the City Council of the City of Arcadia. -2- 1210 " _" . ~ ,. ,4. !' ..,'. .~ '. '..~ -""~.f~,'::,. ..... ~, . , ,.. \, I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the Planning Commission of the City of Arcadia on the 12th day" of October, 1982, by the following vote: AYES: Commissioners Dixon, Harbicht, Kirkpatrick, Kuyper, Jahnke NOES: None ,ABSENT: Commissioners Sargis and Fee Ch"(f&~ A!ST: ' ,1kJ~d Secretary , -3- 1210 , 1l, , ~ . September 28, 1982 . , 'TO: CITY OF P..RCADIA PLANNING COMMISSION PLANNING DEPARTMENt '. FROM: CASE NO.: TEXT AMENDMENT 82-4 PREPARED BY: WILLIAM \.JOOLARD DIRECTOR OF PLANNING & CORKRAN W. NICHOLSON ASSISTANT PLANNER GENERAL INFOR~~TION APPLICANT: City of Arcadia REQUEST: Text Amendment to amend the Arcadia Municipal Code in order to establish regulations govern- ing arcade devices and arcade establishments. BACKGROUND Because of the Planning Commission's concern with the proliferation and potential impacts of arcades and arcade devices (game machines), the Planning Division prepared a list which se~forth tentative regulations for arcades and arcade devices (see Exhibit "A" of the attached staff report; dated July 6, 1982) which could be used by the Planning Commission asa basis for discussion of its concerns anc determine what, regulations, if any, should be considered for adoption by the City of Arcadia. The regulations were for the most part taken from regulations recently adopted by the City of Glendale. This list was presented to the Planning Commission at its premeeting on April 27, 1982. At the same premeeting a memo~andurn was distributed by the City Attorney (see Exhibit "B" of the attached staff report; dated July 6, 1981) which pr~vided some backgcound, current regulations and alternative recomm~ndations for the Planning Commission's'consideration. The Planning Commission at its regular meeting of May 11, 1982, unanimously voted to recommend to the City Council that a moratorium be adopted which wouldeEfect locations requesting permits for three or more arcade devices, pending additional study and possible text' amendments. The City Council, at its meeting of May 18, 1982, received and con- sidered at length the Planning Commission I s recommenTl'~'''i'''''' ;,~""..~y , I. '.r , ' , , T.A. 82-4 September 28, 1982 Page 2. the City Council was not in favor of the proposed moratorium on game machines and arcade establishments and, thereby, directed staff to prepare a report for the Council's consideration regarding arcade regulations. .:" . On July 6, 1982, the Planning Division's report (attached) was presented to the tity Council. The Council then directed staff to initiate a text amendment which would consider the recommendations of the report. PROPOSAL & ANALYSIS ; Sections 6104.1. and 6104.2. of Article VI-Businesses, Professions, Trades and Occupations; Chapter 1 - Definitions, are proposed to be added to read as follows: "6104.1. ARCADE DEVICES. All devices commonly known as "pinball machines", and all "video games" of whatever kind or nature, whether electronically activated or not. As used herein, arcade device shall not include those devices commonly known as,home video units, sold and used solely for home use." "6104.2. ARCADE ESTABLISHMENT. Any place of business containing four (4) or more arcade devices." Sections 6211.1.9. and 6211.1.10. of Article VI, Chapter 2, Part 1, Division 1, are proposed to be added to read as follows: ' .-- "6211.1.9. ARCADE ESTABLISH~IENTS. In addition to the information required for ~n entertainment permit pursuant to the provisions of Article VI of the Arcadia Municipal Code, any license application for such permit shall be made in writing on a form provided by the Business License Officer and shall contain the following information: , , '. . , r, T.A. 82-4 September 28, 1982 Page 3. 1. The name and address of the establishment. 2. The name and address of the owners, partners or corporate officers of the e~~~blishment. 3. The number of arcade devices to be placed at the establishment. 4. The name and address of the distributor or supplier of the crcade devices. 5. A statement setting forth the manner and method of providing adult supervision at the establishment. 6. A statement setting forth the manner and method of providing off-street parking spaces and storage facilities for automobile, bicycles, skateboards and other modes of transportation. 7. A statement setting forth any arrests or convictions of the owners, partners or corporate offices of the establishment for. crimes involving minors within the past ten (10) years. Arrests or convictions may be cause of denial or revocation of an application or license. 8. Such other information as may be required by the Business License Officer or other city divisions for determination of the applicant's qualifications for a license. , 9. An application for such permit may be denied, or any permit issued hereunder may be suspended or revoked by the City Manager where it is found that the applicant has falsified information required herein. or that the applicant has violated any of the conditions of issuance set forth herein, or where the operation of arcade devices 'has become a nuisance or detrimental to the health, safety and welfare of the adjacent neighborhood." "6211.1.10. AMORTIZATION PERIOD FOR LAWFULLY EXISTING LOCATIONS. All arcade establishments and locations with arcade devices which were.lawfully in operation on (date of adoption) shall comply with all requirements of this Code upon the expiration of their current license." " . . , ~' T.A. 82-4 September 28, 1982 Page 4. Section 6323.1. of the Entertainment Permit regulations (Article VI, Chapter 3, Part 2, Division 3) is proposed to be amended to read as follows: "6323.1. AMUSEMENT CENTER, ARCADE DEVICES OR ARCADE ESTABLISHMENT. .. Section 6411.5. of Article VI, Chapter 4, Part 1, Division 1, is proposed to be added to read as follows: "6411.5. ARCADE DEVICES AND ARCADE ESTABLISHMENT. Each entertainment permit issued for arcade devices shall be subject to the following conditions: 1. The locations where arcade devices are operated shall provide sufficient, security measures to effectively regulate interior and ~xterior loitering, parking congestion, disturbing noise and light, loud conversa- tions and criminal activities. 2. Arcade estaolishments and locations where arcade devices are operated shall provide adult personnel (over twenty-one years) to maintain supervision of the arcade devices and patrons thereof. 3. The arcade establishments and locations where arcade devices are operated shall prohibit persons under the age of eighteen (18) years from using or playing any arcade devices between the hours of 8:00 A.M. and 2:00 P.M., Monday through Friday and after 10:00 P.M. daily, unless accompanied by a parent or guardian. The 8:00 A.M. through 2:00 P.M. restriction shall not apply during school holidays and school vacation periods recognized by schools within the City of Arcadia. 4. No, arcade establishment or arcade device shall be per- mittedwithin 500 feet walking distance of any real estate parcel bound~ry containing any elementary school, junior high school or senior high school, whether public or privately operated. 5. Business locations, the principle purpose of which is the sale of alcoholic beverages, shall prohibit persons under the age of eighteen (18) years from using or playing any arcade device." " '~ . t ~, T.A. 82-4 September 28, 1982 Page 5. Zoning Ordinance: The zoning regulations are prcposed to be amended by setting forth zones in which arcade devices are to be permitted and the zones in which arcade establishments will be permItted with 'an approved Conditi'onal Use Permit and the special regulations that shall apply to such arcade establishment. The regulations proposed to allow arcade devices in t~e CPD-l zone as an accessory use in hotels, eating establishments and restaurants; in the C-1, C-2 and C-M zones; and in the M-l zone as fn accessory use in eating establishments and restaurants. The specific changes are as follows: Section 9260.1.10.1. of Article IX, Chapter 2, Paf~ 6, Division 0, Title 1, is proposed to be added to read as follows: "9260.1.10.1. ARCADE DEVICES. Arcade devices shall be considered as an accessory use in hotels, eating establish- ments, and restaurants." Section 9262.1.3. of Article IX, Chapter 2, Part 6, Division 2, Title 1, is proposed to be added to read as follows: "9262.1.3. ARCADE DEVICES." The addition of arcade devices as a permitted use in the C-l zone would also allow said devices within the C-2 and C-M zones as per Code Sections 9263.1.1. and 9265.1.1. Section 9266.1.3. of Article IX, Chapter 2, Part 6, Division 6, Title 1, is proposed to be added to read as follows: "9266.1. 3. ARCADE DEVICES. considered as an accessory and restaurants." Arcade devices shall be use in eating establishments Section 9275.1.37.2. of Article IX, Chapter 2, Part 7, Division 5, Title 1, is proposed to be added to read as follows: "9275.1.37.2. ARCADE ESTABLISHMENT. C-1, C-2, and C-M." Title 6. of the Conditional Use Regulations (Article IX, Chapter 2, Part 7, Division' 5) is proposed to be added to read as follows: , . , .' " " , ,T.A. 82-4 September 28, 1982 Page 6. "ARTICLE IX. CHAPTER 2. PART 7. DIVISION 5. TITLE 6, DIVISION AND USE OF LAND ZONING REGULATIONS OVERLAY AND SPECIAL ZONES CONDITIONAL USES SPECIAL REGULATIONS,- ARCADE ESTABLISHMENTS. 9275.6.1. DEFINITION. For purposes of this Division, an "arcade establishment" is hereby derined as any place of business containing four (4) or more arcade devices as defined by Section 6104.1. or Article VI, Chapter 1 of the Arcadia Municipal Code. 9275.6.2. APPLICATION. Every arcade establishment shall be subject to all of the regulations applicable to a per- mitted use in the zone in which the establishment is located; provided, however, that whenever the regulations of this Title are more restrictive (or impose higher standards or requirements), the requirements or this Title shall control. 9275.6.3. OFF-STREST PARKING REQUIREMENTS. One (1) parKing space shall be provided for every two (2) arcade devices. When a rractional figure is found as a remainder in compu- tations made to determine the amount of off-street parking, such fraction shall be construed to be the next largest whole number. All locations shall have accessible and adequate off-street parking facilities ror automobiles, bicycles and other modes of transportation. The location shall provide storage facilities to prevent an accumulation or bicycles and ' 'skateboards on public property in such a manner as to inter- fere with the use of sidewalks or streets by members of the public." The attached staff report which was presented to the City Council on July 6, 1982, indicated that changing ~he City's parking require- ments would not provide an adequate solution in that an arcade's needs ,for parking will depend upon its hours of operation and the hours of operation of the other businesses which may share the same parking area. Although this has been the case example with past proposals for arcade establishments within the City, starr has re- evaluated parking requirements ror arcades and, based on our survey of other cities and from our experience with the two existing arcade establishments (122 E. Live Oa~ and 309 E. Foothill Blvd.), it is our opinion that the proposed off-street parking requirement is needed in order to set forth a minimum standard which would aid staff's preliminary plan review process prior to any review pro- ceedings before the Planning Commission. ~ , . t T.A. 82-4 September 28, 1982 Page 7. CALIFORNIA ENVIRONMENTAL QUALITY ACT Pursuant to the provisions of the California Environmental Quality Act, the Planning Department has prepareq, Pp initial study for the proposed text amendment. Said initial study did not disclose any substantial or potentially substantial adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise and objects of historical or aesthetic significance. Therefore, a Negative Declaration has been prepared for this project. To approve this text amendment the City Council should "move to approve and file the Negative Declaration and find that the project will not have a significant effect on the environment and direct the City Attorney to prepare the ordinance for adoption". RECOMMENDATION It is staff's opinion that the proposed rev~s~ons will provide consistency in the conditions under which arcades and arcade devices may be operated within the City and, therefore, recommend approval of Text Amendment 82-4 as set forth in the staff report. After taking action on this application, the Planning Commission should direct staff to prepare a resolution for adoption at its next regular meeting. The Planning Commission's action shall not be final until adoption of the resolution. The appeal period for this action commences at the time the Commission adopts the resolu- tion.