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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.
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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
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ATTEST:
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1207
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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:
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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:
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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.
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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.
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C.U.P~ 82-14
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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.
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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
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POLY PAK (50 Seta) 4P 469
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SIGNED
S D PARTS 1 AND 3 WITH CARBON INTACT,-
PART 3 WII1 BE RETURNED WITH UPlY,
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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.
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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................................................
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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. .
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ALTDATION
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VALUATION
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