HomeMy WebLinkAbout1210
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INot ratified by City Council
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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;
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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:
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1210
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"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
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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.
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1210
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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 ,
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. September 28, 1982
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'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
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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.
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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
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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: '
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"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:
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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.
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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."
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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."
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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:
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,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.
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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.