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HomeMy WebLinkAbout1207 .... . . " ,. . . . RESOLUTION NO. 1207 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA MAKING FINDING OF FACT AND DENYING CONDiTIONAL USE PERMIT 82-14 FOR A'VIDEO GAME ENTERTAINMENT CENTER AT 11 WEST DUARTE ROAD WHEREAS, on August 3, 1982, an application was filed by Mr. and Mrs. Donald Reed to operate a video game entertain- ment center, Planning Department Case No. C.U.P. 82-14, on the property commonly known as 11 West Duarte Road, more particularly described as follows: A portion of Lot 3 of Tract No. 950, in the City of Arcadia, County of Los Angeles, State of California, as per Map recorded in Map Book 17, Page 25 of Maps in the Office of the County Recorder of'said County. WHEREAS, a public hearing was held on August 24, 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 RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Planning Department in the attached report is true and correct. SECTION 2. That the Planning Commission hereby makes the following finding of fact: That. the close proximity of the proposed arcade to the Arcadia High School would be detrimental to other usei in the immediate vicinity. SECTION 3. Based on the foregoing finding of fact, the Planning Commission hereby denies the application for Conditional Use Permit 82-14. I . ~ . . ~.~ '. . . Resolution No. 2. SECTION 4. 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. I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the Planning Commission held on the 14th day of September, 1982 by the following vote: AYES; Commissioners Dixon, Harbicht, Jahnke, Kirkpatrick, Kuyper, Sargis, Fee NOES: None ABSENT: None ABSTAIN: None .j~ a~rman ATTEST: ~~AAL -2- 1207 '. " 'I . . . AUGUST 24, 1982 TO: FROM: CASE NO.: PREPARED BY: CITY OF ARCADIA PLANNING COMMISSION PLANNING DEPARTMENT CONDITIONAL USE PERMIT 82-14 11 WEST DUARTE ROAD CORKRAN W. NICHOLSON ASSISTANT PLANNER GENERAL INFORMATION APPLICANT: LOCATION: REQUEST: EXISTING LAND USE & ZONING: SURROUNDING LAND USE & ZONING: LOT AREA: FRONTAGE: GENERAL PLAN DESIGNATION: Donald and Nancy Reed 11 West Duarte Road A Conditional Use Permit for a video game entertainment center. The subje~t site is developed with a commercial building which is presently vacant; zoned C-2. North: Vacated commercial building; zoned C-2. Sputh: Public Library; unzoned. Vacant property; zoned C-2 Arcadia Pools & Spas (retail use); zoned C-2 10,820~ square feet (.25 acres) ~ast: West: 80.67 feet on Duarte Road Commercial/Public Facilities PROPOSAL/BUILDING INFORMATION The applicant is proposing to utilize .a portion of the existing 1,800 square-foot commercial building for a video game entertain- ment center. The interior space of said building would be divided as follows: . . . C.U.P. 82-14 2. video game center (including restrooms) 720 sq. ft. retail clothing (including rear office area) 1,080 sq. ft. After reviewing the proposal, the Department of Public Works is recommending the following condition of approval: Dedicate two feet along the southerly portion of the easterly 40 feet of the property to provide a 42-foot street right of way from the centerline of Duarte Road. Because the existing building encroaches into the above dedication, an "Irrevocable Offer to Dedicate" will be recorded and the Grant Deed will be held by the City until the building is removed. The Building Department and the Fire Department have inspected the premises and noted those items which are in need of correction (see attached memos from J. E. Bateson and J. Harmon). The Police Department had no objections or conditions of approval. The building was constructed in 1954 and its exterior and interior has been renovated throughout the years. The last occupant of the building was Herbert Hawkins Realty which vacated the build- ing in .1981. PARKING Presently there exists approximately 16 (some striping is not clear) substandard on-site parking spaces with a two-way driveway along the building's westerly' side and rear and a one-way drive along the building's easterly side. The applicant is proposing to re-design the parking area in order to provide a total of 15 parking spaces. The proposed bicycle racks would'be'located outside, along the rear portion of the building (see site plan). The applicant has not indicated how many bikes the proposed racks will accom- modate. No trash enclosure exists on the site. MISCELLANEOUS INFORMATION The applicant has informed staff that there would be a maximum of 20 video game machines installed within the building. There will be at least one adult attendant (a minimum of 21 years of age) present during the following hours of operation: . . . C.U.P. 82-14 3. 10:00 A.M. to 10:00 P.M. 10:00 A.M. to 11:00 P.M. 10:00 A.M. to 8:00 P.M. SPECIAL INFORMATION Monday-Thursday Friday-Saturday Sunday The City Council has recently directed staff to initiate a text amendment for the Council's consideration which would set forth definitions for arcade devices and arcade establishments, the specific zones in which arcades and arcade devices would be permitted, that a conditional use permit be required for all arcade establishments, hours of operation during the school year, and that an amortization period be' established which will require all arcade establishments and locations with arcade devices, which are in operation on the date of the adoption of these regulations, to comply with the requirements of the Code. In addition, staff will be recommending other conditions of approval. ANALYSIS The proposed redesign of the parking area would require a modi- fication to be granted for the deletion of,the required 5'-3" wide landscape buffer between the parking area and Duarte Road and the applicant would be required to provide one 14'-0" by 20'-0" handicapped parking space which may necessitate the appli- cant to utilize several small,car parking spaces in order to pro- vide the additional width for the handicapped space. It is staff's opinion that a maximum of 15 parking spaces would not provide adequate vehicular parking for both the proposed video game center and the retail clothing store. The clothing store would require 6 parking spaces (based on 5 spaces per 1,001 square feet of gross floor area) which leaves 9 spaces to be utilized by the video game center; however, as previously mentioned, staff is in the process of recommending to the City Council standards for "arcade establishments" which will include a proposed parking requirement, of .5 parking spaces per game machine and, if adopted, would require this proposal to provide a minimum of 10 spaces to be provided for the video game center. In addition to the proposed parking standard for arcade establish- ments, staff will also be recommending that no arcade establishment shall be permitted within 500 feet walking distance of any real estate parcel boundary containing any elementary school, junior high school or senior high school, whether public or privately operated. The applicant is proposing to prohibit persons under the age of sixteen from using or playing any arcade device between the hours of 10:00 A.M. and 2:00 P.M., Monday through Friday. :. . . C.U.P. 82-14 4. Staff believes that the close proximity of the proposed arcade . to the high school may result in conflicting activities and may contribute to tardiness and truancy. Reports had been received by the Planning Department that there had been some tardiness and truancy problems with arcade devices which were located in close proximity to the First Avenue Junior High School. The proposed floor plan of the building indicates the restroom facilities for the arcade are in the rear of the building and the only access to the restrooms would be from the outside. As a precaution against vandalism, loitering and for the personal safety of the public, staff recommends that the exterior doors to the restrooms be permanently closed and a new access be pro- vided from within the building. Attached for your information are copies of the memos from the fire Department and Building Department, the proposed rules and regulations which would be posted on the premises and the proposed plans. Pursuant to the provisions of the California Environmental Quality Act, the Planning Department has prepared an initial study for the proposed project. 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. Before the Planning Commission or City Council takes action on this project, they should "move, to approve and file the Negative Declaration and find that the project will not have a significant effect on the environment". RECOMMENDATION The Planning Department recommends denial of C.U.P. 82-14. The Planning Department believes that the close proximity of the proposed arcade to the High School may be detrimental to other uses in the immediate vicinity. Staff further recommends that if the Commission denies C.U.P. 82-14 and the City Council does not adopt staff's recommendations regarding the proposed standards for arcade establishments, that the applicant be permitted to resubmit this proposal without paying any additional filing fees; . C.U.P. 82-14 5. . If the Pla~ning Commission decides to approve C.U.P. 82-14, staff recommends the following conditions of approval: 1. That the condition as outlined in the report from the Depart- ment of Public Works shall be complied with to the satisfaction of the Director of Public Works. 2. That the required exit doors shall have proper exit signs posted and shall swing in the direction of travel and one 2A-10BC rated fire extinguisher shall be provided which will be mounted not more than 5 feet off the floor. This shall be subject to the review and approval of the Fire Department. . 3. That the requirements as outlined on the plan correction sheet from the Department of Building and Safety shall be complied with to the satisfaction of the Chief Building Official. 4. The arcade establishment shall prohibit persons under the age of sixteen (16) years from using or playing any arcade device between the hours of 8:00 A.M: and 2:00 P.M., Monday through Friday and after 10:00 P.M. daiiy, 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. 5. That a trash enclosure be provided as per Section 9263.6.6 of the Arcadia Municipal Code. 6. That the hours of operation be limited as follows: 10:00 A.M. to 10:00 P.M. 10:00 A.M. to 11:00 P.M. 10:00 A.M. to 8:00 P.M. Monday through Thursday Friday-Saturday Sunday . 7. That this conditional use permit shall become null and void if any transfer is made of the rights of this conditional use permit, by outright transfer, operation of law, forfeiture or any other means whatsoever, unless the applicant herein first applied for and is granted permission to make such transfer by the Planning Commission. Should such permission be requested, the Planning Commission may impose additional conditions of approval as it deems necessary which shall be adhered to by the transferee, or may deny such transfer. 8. That if, upon an inspection of the premises by the Planning Department, it is determined the proposed bike racks are in- sufficient, it will be required at that time that adequate bike racks shall be provided and that plans for the location and installation of such racks shall be submitted to the Planning Department'for review and approval, prior to said racks being installed. , " . . .. --,' ,-..... C.U.P~ 82-14 '>. 9. That the rules and regulations as noted in the attached copy shall be posted and clearly visible on the premises; enforced at all times. 10. That at least one adult attendant (a minimum of 21 years of age) shall be on duty during the hours of operation. 11. That a maximum of twenty (20) game machines be placed within the premises which shall apply to the entire building. 12. That an Entertainment Permit be obtained from the City's Business Permit and License Review Board. 13. That the Commission grants a modification for the deletion of the required 5'_3" wide landscape buffer between the parking area and Duarte Road. 14. That C.U.P. 82-14 shall not take effect until the owner and applicant have executed a form available at the Planning Department indicating awareness and acceptance of the conditions of approval. After taking action on this application, the Planning Commission should direct staff to prepare a resolution for adoption at its next 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 resolution. . . . August 10, 1982 TO: PLANNING DEPARTMENT FROM: DEPARTMENT OF PUBLIC WORKS SUBJECT: C.U.P. 82-14 -- 11 WEST DUARTE ROAD The following condition of approval is recommended: Dedicate two feet along the southerly portion of the easterly 40 feet of the property to provide a 42 foot street right of way from the centerline of Duarte Road. Because the existing building encroaches into the above dedication, an "Irre- vocab 1 e Offer to Dedi ca te" wi 11 be recorded, and the Grant Deed will be held by the City until the 5uilding is removed. tY:dc Jf ~zI CHESTER N. HOWARD Director of Public Works CNH:JD:ms .,' , " . r t ~.: . ._.......~'"""""...>6._'"","" i' i; ~ ""~...... t ~ - b. I ~ E , 1'1" DATE q L ' r l~ l.~~~,,"= ~.4~69 POLY PAK (50 Seta) 4P 469 (/ ....::z=-~ SIGNED S D PARTS 1 AND 3 WITH CARBON INTACT,- PART 3 WII1 BE RETURNED WITH UPlY, '. i '1 t ., ~ ~ f- , ,( '. , . "i ~ . . ;: . . r , ~ '. , R [~ Ii .. ! ~ ~ , " .' '. . " HOUSE RULES,.AND REXlULATIONS TC BE POSTED ON THE PREMtSES 1. No loitering 2. No smold.ng (except in designated areas) ,. No alcohol or odor of alcohol on personS entering the building 4. No drugs or persons who appear to be under the influence of dmlgS. 5. No abusive language 6. No arguing or fighting 7. No school age persons Will be ,admitted, while school is in session. 6. All bikes must be locked in OUR bike rack. 9, An, abuse or destruction of games or building ,will be cause for automatic exoulsion from the entertainment center. 10. The'house reserve~ the right to expel any oatron who breaks house rules. 11. Anyone using illegal coins or slugs will be prosecuted. HOURS OF OPERATION Monday thru. thursday Friday - Saturday Sunday lOam to lOpm lOam to llpm lOam to Bpm The arcade establishments and locations where arcade devices are operated shall prohibit persons under the age of sixteen (16) years from using or playing any arcade device between the hours of 10:00 am and 2100 pm, Monday through Friday and after 10p~ daily, unless accompanied by a parent or guardian. The lOlooam through 2100pm restriction shall not apply during school holidays and school vacation periods ~ecognized by schools within the City of Arcadia. '-- , " '", .... -~~.,~,~- ~8 '4"~~g~C.' I ..,..,1. _.... ... ,~. . :c'. otBlD.g./~(jO t! ~!i POrcbU & Gar. , DEPARTMENT OF BUIIDING AND SAFETI CITY OF ARCADIA Valuation 8 Plan Cbeck Fee . 'Total Area PLAN CORREX:TION SHEET ~al. pel' Sq. Ft.! A.3 ~82.. OOCUPANC'I ~~. M........................................................................................ No. ....,j....~.....D.~Al!:..rE.......Agc./Q~t'..A. . (AppIIcaIlt) (LoeatIOlI of lob) M.................................................:...................................... No. ...................................................................................... 1-" (0wDer, It other I:ban App\ieaJlt) (Addna .of Owner) , Zone.................................................... Set Bock.............................................. Fire Zone................................................ e. Receipt No. PeJ'lll1 t No. A Y 0tU' applleatloll for a permit, toll"therwlth pbma lIIld .pe.UleatlOll8, bu been ~-I"4d lIIld JOU ... act.IaecI that the ~ of a, permlt1a withheld for the reasODl henlllatter set forth. ,. The approval of pllllll lIIld apeellIeatloDl does lIot permit the vlOlatlOIl of lIIl)' SedlOII of the BuDding Code, or other cIb O"'lIlIl1Ieeo or State Law. . Naw aUILiDlNQ ALTDATION ADDmON MOVING PUR'O" US 1:. oP loVE S;- SUI E: ..oS A JI'DSo CLJJ>'tC ore" p-o,,,c.y ovF e -5"0 c<:X."~J\tti /.1 AJ' 4.3 oa..<.pc^"f TYPa O.OUP 8TY. 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