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HomeMy WebLinkAbout1661 - e e- RESOLUTION NO. 1661 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. CUP 02-001 FOR A 1,550 SQUARE FOOT COMPUTER GAME ARCADE AT 815 W. NAOMI AVENUE, UNIT 'F'. _. WHEREAS, on November 7, 2001, an application was filed by Kuo Lin Lee, dba, HTS Game Zone for a computer game arcade; Development Services Department Case No. CUP 02-001, at property commonly known as 815 W. Naomi Avenue, Unit 'F', and WHEREAS, a public hearing was held on January 8, 2002, at which time all interested persons were given full opportunity to be heard and to present evidenee. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Serviees Department in the attaehed report dated January 8, 2002, are true and correct. SECTION 2. This Commission finds: 1. That the granting of the Conditional Use Permit will not be detrimental to the publiC health or welfare, nor injurious to the property or improvements in the zone or vicinity. 2. That the use applied for at the location indieated is properly one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in size and shape to aeeommodate said use, and all yards, spaces. walls, fenees, parking, loading, landscaping and other features required 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. 5. That the subject property is designated for commereial use in the General Plan, that the proposed use is consistent with that designation, and that the granting fI e ~ of the Conditional Use Permit will not adversely affect the comprehensive general plan. 6. That the evaluation of the environmental impaets as set forth in the Initial Study is appropriate and that the project will have no significant effect upon the environment within the meaning of the California Emiironmental Quality Act of 1970, and, when considering the project as a whole, there was no evidence before the City that the proposed project would have any potentially adverse effect on wildlife resources or the habitat upon which wildlife depends, and therefore, a Mitigated Negative Declaration was approved. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 02-001 for a 1,550 square foot computer game arcade.at 815 W. Naomi Avenue, Unit 'F', subject to the following conditions: 1. The computer game arcade approved by CUP 02-001 is limited to the 1,550 square foot commereial space with a maximum of 50 eomputers that shall be in compliance with the Building and Fire Codes, and the City's Regulations for Game Maehines and Game Machine Arcades (AMC Secs. 6220.5, 6411 et seq. and 9275.6.1 et seq.) to the satisfaetion of the Building Official, Fire Marshall and Community Development Administrator. Compliance may result in less than 50 eomputers being able to fit in the 1,550 square foot eommercial space. 2. The hours of operation on any day shall be between 10:00 a.m. to 12:00 midnight. 3. Plans of the installation and arrangement of the game maehines, accessibility features, fire detection and suppression equipment, emergency exiting pathways, safety equipment, bieyele raeks, skateboard and scooter storage, two restrooms, signs, and any other tenant improvements shall be submitted for plan check review and approval by the Building Official, Fire Marshall and Community Development Administrator. The bicyele racks shall be provided in front of, or inside the computer game arcade. 4. Signs listing the City's Game Machine Regulations, with large lettering (at least 1.5 inches in height) shall be posted at the entranee and throughout the arcade. -2- 1661 . e e The design and loeations of these signs are subject to review and approval by the Community Development Administrator. 5. At least two (2) adult employees over 21 years of age shall be present at the eomputer game arcade during all hours of operation, and a professional uniformed security guard shall also be present at the computer game arcade from 3:00 p.m. to 12:00 midnight. 6. The applicant shall provide a statement of the procedures to be implemented to ensure that patrons are of the requisite age. These proeedures are subject to review and approval by the Community Development Administrator and Police Chief. 7. A determination based on evidence by the Arcadia Police Department that this computer game arcade is a nuisance shall be grounds for a revocation hearing to be held in accordance with the procedures established in the Areadia Municipal Code, whieh may result in the immediate closing of the computer game arcade. 8. This approval of CUP 02-001 includes a parking modification of 8 spaees in lieu of 25 spaees. This Modification does not eonstitutean approval for a general reduction of the parking requirements for the building or the eenter, but rather only for the computer game arcade approved by CUP 02-001. 9. Noncompliance with the plans, provisions and conditions of approval for CUP 02-001, as well as noncompliance with the City's Regulations for Game Machines and Game Machine Arcades (AMC Secs. 6220.5, 6411 et seq. and 9275.6.1 et seq.) shall be grounds for immediate suspension and/or revocation of any approvals, which shall result in closing of the eomputer game arcade. 10. Approval of CUP 02-001 shall not take effect until the property owner and applicant have executed and filed the Aceeptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 11. The operation of this eomputer game arcade and its complianee with the provisions of CUP 02-001 and the City's Regulations for Game Machines and Game Maehine Arcades are subject to review by staff and a reevaluation by the Planning -3- 1661 - e ~" Commission at a time not more than six (6) months after the computer game arcade begins operation. The applicant shall pay a fee of $250.00 to compensate the City for the expense of this review. SECTION 4. The decision, findings, and conditions of approval contained in this Resolution reflect the Planning Commission's action of January 8, 2002 to approve Conditional Use Permit Application No. CUP 02-001, by the following vote: AYES: Commissioners Baderian, Huang, and Olson NOES: Commissioner Murphy ABSENT: Commissioner Kalemkiarian SECTION 5. The Seeretary shall certify to the adoption of this Resolution and shall cause a copy to be forwarded to the City Couneil of the City of Arcadia. I HEREBY CERTIFY that this Resolution No. 1661 was adopted at a regular meeting of the Planning Commission held on January 22, 2002, by the following vote: AYES: Commissioners Baderian, Huang and Olson NOES: None ABSENT: Commissioners Kalemkiarian and Murphy ^---l j(. ~ Chairman, Planning Commission City of Arcadia Secretary, Planning City of Arcadia APPROVED AS TO FORM: ~r.~ Stephen P. Deitsch, City Attorney City of Areadia -4- 1661 t\\~~ \\\.\. ----_......_-\--~, ---.,.......----....... 1 , ...........,.ur. i ~T: \[ :.. ~-g- _r-_ -fJ ., '--=--.- - M FLOOR PLAN __.. "'~.... \~\. [tustomers causing excessive noise and becoming a nuisance will be asked to leave the premises. HI.\. t~~1 H.T.S. GAME ZONE ---................-. " e ~\I.\. t~~1 _~L~=::.:=-..= ..u.. ~ r--l~ B I..(:UO! ~ I I~ " n """ bl I ~~ --....- -- fiLl toPl -< ~......~ , =- r.:=:... -- ._*U. I 1 I Htrf'- .,:-,"'" ~.~ PROJECI .:; ~~~-.2:'). ,~~~~~::t) _._. .~..."':....-).:.-~..... .- --..'1~"'--~"'" ....$''.:t. ~~ '~"J -, 1M I ...,.........--.... -- =T I LEGEND 1= I I ~~"""('!Cl~__ I>d!LI5oI'u.....l1llIt'P"~ ~L_Uo'U..-~ ~ Hl.l tO~1 SUMMARY ..~~- .........,.......... _u_ ...-- a.._......,. ~.~~ --- ------ NICItlJ'4.e.o._ (..>>,-- .._,...,.,_ -_. ~. 14o,.._.........~1 ""_'~1 ...llDC..-.~._1<1C. '--=--I.oc:.o..CiIIlDI - ...---.:..-...0 -1- - " ~- " " " /), ~ g ! ~ '" . z .0 3 N . .. '" ;8 . ~ <. 9 "" I' i ~ H ....~ - v........,. =r. b.~. .. - tlltt ,1 T ...I(J'"('IVP t STAFF REPORT DEVELOPMENTSER~CESDEPARTMENT January 8, 2002 TO: Arcadia City Planning Commission FROM: Donna L. Butler, Community Development Administrator By: James M. Kasama, Senior Planner SUBJECT: Conditional Use Permit Application No. CUP 02-001 for a computer game arcade (HTS Game Zone) at 815 W. Naomi Avenue, Unit #F. SUMMARY - This Conditional Use Permit application was submitted by Kuo Lin Lee (dba: HTS Game Zone) to operate a computer game areade with 50 eomputers in a 1,550 square foot retail space at 815 W. Naomi Avenue, Unit #F. The Development Services Department is recommending approval of this application, subjeet to the conditions listed in this report. GENERAL INFORMATION APPLICANT: Kuo Lin Lee - dba: HTS Game Zone LOCATION: 815 W. Naomi Avenue, Unit #F (in the Pavilions shopping eenter) REQUEST: A Conditional Use Permit and parking modification for a computer game arcade with 50 computers. The proposed business hours are 10:00 a.m. to 2:00 a.m., seven days a week. SITE AREA: 15.76 acres - this site includes the Pavilions Supermarket, the 20,180 square foot subject retail building to the west of the supermarket, and the Burlington Coat Factory-Ross shopping complex. e FRONTAGES: Approximately 1,041 feet along W. Naomi Avenue Approximately 675 feet along S. Baldwin Avenue Approximately 1,064 feet along W. Duarte Road e e . EXISTING LAND USE & ZONING: The subject building is a 20,180 square foot retail building to the southwest of the Pavilions Supermarket. The entire site is developed with a shopping center (a.k.a., The Arcadia Hub) anchored by the Pavilions Supermarket and the Burlington Coat Factory and Ross clothing stores. There are a total of 1,200 on-site parking spaees with 425 spaees toward the Pavilions Supermarket portion of the site. The entire site is zoned C-2: General Commercial. SURROUNDING LAND USES & ZONING: North: South: East: West: 25-unit apartment building (c. 1961) ~ zoned C-2 Multiple-family residential complexes - zoned R-3 Parking lot for the subject building & Pavilions - zoned C-2 99 Ranch Market shopping center -zoned C-1 GENERAL PLAN DESIGNATION: Commereial BACKGROUND On October 9, 2001, the Planning Commission adopted Resolution No. 1659, granting Conditional Use Permit No. CUP 01-024 to operate a retail bookstore with a 10 computer game arcade at 815 W. Naomi Avenue, Unit #F. The eonditions of approval include the following: 1. A modification is granted for 8 on-site parking spaees in lieu of 13 spaees required for the use. This approval shall not constitute an approval for a general reduction in parking for the total site. That this parking modification shall only be for the use approved by CUP 01-024 (bookstore and 10 station computer lab). 2. The applicant shall comply with the Business Licensing and Game Maehine Regulations stipulated in Article VI of the Munieipal Code, whieh include, but are not limited to the following: a. Any locations where a game machine is operated shall provide personnel over twenty-one (21) years of age to maintain supervision of eaeh game machine and patrons thereof. b. Any locations where any game machine is operated shall prohibit persons under the age of eighteen (18) years from using or playing any game machine between the hours of 8:00 a.m. to 3:00 p,m., Monday through Friday and after 10:00 p.m. daily, unless accompahied by a parent or guardian. The 8:00 a.m. through 3:00 CUP 02-001 January 8, 2002 Page 2 - - e p.m. restriction shall not apply during sehool holidays and school vacation periods recognized by schools within the City of Arcadia. 3. There shall be no more than 10 eomputer stations on the premises. 4. Bieycle raeks shall be provided and installed to the satisfaetion of the Community Development Administrator. 5. The hours of operation shall be 11 :00 a.m. to 12:00 a.m. seven days a week. The applicant, Universal Tea, Inc. stated the following in their business proposal: . This store will also be equipped with eomputer terminals for customers to aecess the Internet for entertainment and educational purposes, All pornography sites will be blocked for all eomputer terminals. The computer arcade will be free for senior residents from 11 :00 a. m. to 12:00 p.m. . The store is to provide customers with a place and a souree for information searching through the Internet, also a place to play games on-line through the computer terminals, All books, CDs, magazines, games and edueational software are ehoiees for customers to improve their mental relaxation and health. Universal Tea, Inc. is selling their business to the eurrent applicant who is proposing to eliminate the retail aspect and operate a game machine arcade with 50 computers. Game Maehine ReQulations Game maehines are subjeet to business licensing (AMC See. 6220.5) and other regulations (AMC Sees. 6411 et seq. & 9275.6 et seq.) of the Arcadia Municipal Code, whieh defines a game machine as follows: "Game machine" shall mean any device for amusement or pastime, including but not limited to a pinball maehine or video game, of whatever kind or nature, whether electronically activated or not, whieh may be aetivated by a coin or any consideration paid for its usage. The following regulations apply to game machines per Sections 6411 et seq. of the Arcadia Munieipal Code: . Gambling Prohibited - No person, either as principal, agent, employee or otherwise, shall operate, play or utilize, or permit any person or persons to operate, play or utilize any amusement machine, game or device for the purpose of gambling, betting, wagering or pledging in any manner CUP 02-001 January 8, 2002 Page 3 - - e . whatsoever any money, thing or consideration of value or the equivalent or memorandum thereof, upon the outcome, score or result of the playing or operation of said amusement maehine, game or device. The location where each game maehine is operated shall provide sufficient security measures to effectively regulate interior and exterior loitering, parking congestion, disturbing noise and light, loud conversations and criminal activities. Any locations where a game machine is operated shall provide personnel over twenty-one (21) years of age to maintain supervision of each game machine and patrons thereof. Any locations where any game machine is operated shall prohibit persons under the age of eighteen (18) years from using or playing any game machine between the hours of 8:00 a.m, and 3:00 p.m., Monday through Friday and after 10:00 p.m. daily, unless aceompanied by a parent or guardian. The 8:00 a.m, through 3:00 p,m. restriction shall not apply during sehool holidays and school vacation periods recognized by schools within the City of Arcadia. . . A game machine arcade is defined as any place of business eontaining four (4) or more game machines and must have an approved Conditional Use Permit (AMC Sec. 9275.1.48). In addition to the above regulations, a game machine areade must eomply with the following Speeial Regulations under Sections 9275.6 of the Arcadia Municipal Code: · Off-Street Parking Requirements - All locations shall have accessible and adequate off-street parking facilities for automobiles, bicyeles and other modes of transportation. The location shall provide storage faeilities to prevent an aecumulation of bieycles and skateboards on public property in such a manner as to interfere with the use of sidewalks or streets by members of the public. · Public Restroom Faeilities - Publie restroom facilities shall be provided within a game machine areade or conveniently located thereto, or provided within and made available by another business located on the same lot for customer use. There shall be a men's and women's restroom each with a minimum of one (1) water closet. PROPOSAL AND ANALYSIS The applicant is proposing to operate a computer game arcade with 50 computers in a 1,550 square foot space in a 20,180 square foot commereialbuilding. The CUP 02-001 January 8, 2002 Page 4 - - e proposed hours of operation are 10:00 a.m. to 2:00 a,m" daily. There will be two full-time employees, and a security guard will be provided from 9:00 p.m. to closing time. The applicant's business proposal is attached. The applieant, at a minimum, will be required to comply with the aforementioned regulations. Parkina There are approximately 1,200 on-site parking spaees at this shopping eenter. The Burlington Coat Faetory-Ross portion of the site is separated from the Pavilions Supermarket portion by a through driveway between Naomi Avenue and Duarte Road. There are 425 parking spaces on the Pavilions Supermarket portion of the site. The 20,180 square-foot, one-story retail building is situated at the westerly end of the eenter. There are presently five uses in the building for which Conditional Use Permits and/or parking modifications were granted. The other businesses are allowed by right in the retail building. The current tenants and parking status of this portion of the shopping center are as follows: Parking Share of Tenant So. Ft. Reoulred 425 Soaces' Deficiencv Note Wonton Restaurant 1,550 16 8 6 CUP 97-006 China Trust Bank 2.280 14 12 2 MC 97-033 Jenny Craig 2,400 25 12 13 CUP 87-014 California Beauty Supply 1,550 8 6 0 HTS Game Zone 1,550 25 8 17 CUP 02-001 AU 79 Tea House 1,550 31 8 23 CUP 67-009 Hair Creations 1.550 8 8 0 CeT Computers 1,550 8 8 0 Adelphia Cable 1,550 6 8 (2) Young's Optometry 1,550 8 8 0 Score! Learning Center 1.550 26 8 18 CUP 00-003 MissiOn Renaissance Arts 1,550 8 8 0 Pavilions 62.390 312 321 (9) Totals 82,570 495 425 70 'Based on the size of the use at the retail requirement of5 spaces per 1,000 sq. ft. Of the 425 parking spaees on this portion of the shopping eenter, the most eonvenient to the customers of the businesses in the retail building are the 70 parking spaees located in the 3 rows directly in front of the building, the 20 closest spaces to the south along Naomi Avenue, and the elosest 15 spaces in the row to the north. These 105 spaces are the most heavily utilized by the customers of the' businesses in the retail building, and eustomers of the Pavilions Supermarket also use some of these spaces. There are 22 spaees behind the retail building that are used by some of the employees of the retail building, and Pavilions directs its employees to use the row of parking spaces closest to Naomi Avenue. There are 8 parking spaees allotted for the subject 1,550 square foot retail space. Game maehine arcades require 1 parking space for every 35 square feet of floor CUP 02-001 January 8, 2002 Page 5 e e e area that will be used for the game machines. The proposed floor plan indieates that approximately 850 square feet will be used for the 50 computers. Therefore, 25 parking spaces are required for this use and a parking modification of 8 spaees in lieu of 25 spaces is necessary for this application. Universal Tea, Inc. (CUP 01-024/Reso. 1659) provided a parking survey that indicated that the afternoon and early evening hours were the busiest for the parking area in the vicinity of this location, Their survey indicated that there would not be a parking shortage. Staff has noticed that a demand for automobile parking at computer game areades does not arise until the evening. Staff surveyed the aforementioned 105 parking spaces from December 11 th through December 16, 2001. The numbers of available parking spaees were as follows: Tue. 12/11 at 6:30 p.m. 41 spaces Parking Survey - No. of Available Parking Spaces Wed. 12/12 Thu. 12/13 Fri. 12/14 Sat 12/15 at 6:40 p.m. No observation 5:40 p.m. 6:15 p.m. 36 spaces conducted 57 spaces 55 spaces Sun. 12/16 6:35 p.m. 68 spaces This parking survey indicates that there are sufficient parking spaees available for a computer game arcade with 50 computers at this location. In addition to automobile parking, the City's game machine arcade regulations require that adequate spaee be provided for the parking and storage of bicycles and skateboards. This was a condition of approval for Universal Tea, Inc., but such facilities have not been provided. The need for storage of bicycles ahd other modes of transportation used by minors has been an issue at other eomputer game arcades, but only in the afternoon and early evening hours. Bicyele raeks should be provided at a eonvenient location that will not interfere with pedestrian or vehicular traffic, and storage facilities should be provided for skateboards, scooters, etc. so that they are not left in the aisles or impede emergency exit pathways. Hours of Operation The proposed hours of operation are 10:00 a.m. to 2:00 a,m., seven days a week. Minors cannot patronize game machines before 3:00 p.m. on school days, nor after 10:00 p.m. on any day, unless aecompanied by a parent or guardian. This regulation, in large lettering, should be posted at the entrance and throughout the arcade. CUP 02-001 January 8. 2002 Page 6 e - e Also, businesses on properties that are located within 150 feet of residentially zoned property that are open for more than a total of 16 hours per day or are open between 12:00 midnight and 6:00 a.m. require a Conditional Use Permit (AMC Sec. 9275.1.53.7). This is to prevent such businesses from being a nuisanee to residents. This requirement applies to this location beeause there is residentially zoned property to the south across Naomi Avenue, which is a 50-foot right-of-way at this location. The hours of operation of the businesses in this portion of the shopping eenter are as follows: Hours of Operation Posted Business Hours 11-10 Seven days a week. 9-4 Mon-Thu; 9-5 Fri: 10-2 Sat; Closed Sundays, 8-7 Man; 9-7 Tue; 9-6 Wed; 8-7 Thu; 8-3 Fri: 7-1 Sat: CI. Sun. 9-7 Man-Sat; 11-6 Sun. 10:00 a.m.-2:00 a.m. Seven days a week. 11:30 am-12:30 am M-F; 11:00am-1:30 am Sat; 11:00 am-12:30 am Sun... 9:30-7:00 Seven days a week 8-6 Mon-Fri; 10-5 Sat; Closed Sun, 8-6 Mon-Fri; 9-5 Sat; Closed Sun, 10:30-7:00 Mon-Wed; 10:30-6:00 Thu; 10:30-7:00 Fri & Sat; Closed Sun. 2-8 Mon-Thu; 2-6 Fri; 10-6 Sat: Closed Sun. elass times depend on instructors' availability. Close at 10:00 p.m. 6:00 am -12:00 midnight Seven days a week. Tenant Wanton Restaurant China Trust Bank Jenny Craig California Beauty Supply HTS Game Zone AU 79 Tea House Hair Creations CCT Computers Adelphia eable Young's Optometry Score! Learning Center Mission Renaissance Arts Pavilions -Should not be open after 12:00 midnight. None of these businesses should be open past midnight, and staffs recommendation is that the proposed computer game arcade also close at midnight. This will reduce the potential for disturbances after midnight, and make it easier to poliee this location. Noise and Security There are two types of noise concerns related with game arcades: External noises that may disturb surrounding uses, and internal noises that could disturb the adjaeent businesses. External noise sources are usually people congregating outside the arcade, and by people entering, starting and leaving in their vehicles late at night. Because these computer game areades seem to be very popular gathering places for young adults during the late hours, the amount of noise generated at closing time could eause a substantial nuisance to the residents on Naomi Avenue. CUP 02-001 January 8, 2002 Page 7 - - e The other eoncern is the noise and vibrations generated by the eomputers and the players. The City's game machine regulations include the following provision: . The location where each game machine is operated shall provide suffieient seeurity measures to effeetively regulate interior and exterior loitering, parking eongestion, disturbing noise and light, loud conversations and criminal activities. The Development Services Department has been contacted by some businesses next to computer game arcades about the noises and vibrations created by the computers and the players. The sound effects (e.g., explosions, gun fire, and racing ears) and the yelling and pounding on the walls by the players ean be heard and felt through the walls that separate the tenants in multi-tenant commercial buildings. So far, the operators of the arcades have cooperated in addressing these eomplaints by limiting the noise by redueing the volume levels on the eomputers, and by posting notiees informing their clientele that their computer privileges will be revoked if they cause disturbances. The Internet cafe at 1311 S. Baldwin Avenue had equipped all of their computers with headphones. In this ease, the adjaeent businesses are a beauty supply shop and a tea house. The applicant has stated that a security guard will be provided from 9:00 p.m. to closing time, and the City's regulations require that there be personnel over 21 years of age to maintain supervision of the game maehines and the patrons thereof. Staff recommends that the security guard be a trained uniformed security professional and that in addition to the guard being present whenever the areade is open, that at least two adult employees, over 21 years of age also be present. Also, the volume levels on the computers should be kept low enough so as not to eause any disturbanees, and notices .with large lettering should be posted throughout the areade informing the clientele that their computer privileges will be revoked if they eause disturbanees. There are four other compLiterllnternet related entertainment businesses in the City of Arcadia. The following lists their locations and charaeteristics: Computer Entertainment Businesses in the City of Arcadia Hours of Operation Max. No. of Computers Approval Date Dec. 12,2000 Address 1311 S. Baldwin Ave. 11:00 am-12:00 am. Sun-Thu 11 :00 am-1 :00 am, Fri & Sat 1 :00 pm-1 :00 am. daily 10:00 am-11 :30 pm, daily 1:00 pm-1:00 am. daily 29 651 W, Duarte Rd. 56 E. Live Oak Ave. 1023 S. Baldwin Ave. 30 40 30 March 27,. 2001 July 10, 2001 Oct. 9, 2001 CUP 02-001 Jal)uary 8, 2002 Page 8 - ~ e The Arcadia Police Department has been monitoring these locations and was asked for their input on this application. Their memorandum, dated December 13, 2001 is attached. The Police Department requests that this location be operated in a manner that is eonsistent with the others, that proeedures be developed and implemented to ensure that patrons are of the requisite age, that the proposed plan be reviewed by the Fire Department for eompliance with oecupancy restrietions, that there be eonditions that address the patron's behavior, and that there be a condition stating that the Conditional Use Permit may be revoked and the areade elosed if it is determined that the areade is a nuisance, Code Reauirements All City requirements regarding disabled access and facilities, oecupancy limits, building safety, fire prevention, deteetion, and suppression, restrooms, site design, and the regulations for game maehinesand game machine arcades shall be complied with to the satisfaetion of the Building Offieial, Fire Marshall, and Community Development Administrator. Complianee is to be determined by having fully detailed tenant improvement plans submitted for plan eheek review and approval. FINDINGS Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite eonditions can be satisfiect 1. That 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 vieinity. 2. That the use applied for at the location indicated is properly one for whieh a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required 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 earry the kind of traffic generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. CUP 02-001 January 8, 2002 Page 9 _ CEQA Pursuant to the provIsions of the California Environmental Quality Aet, the Development Services Department has prepared an Initial Study for the proposed projeet. Said Initial Study did not diselose 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 objeets of historical or aesthetic significance that could not be made less than significant with mitigation incorporation. When considering the record as a whole, there is no evidence that the proposed project will have any potential for adverse effect on wildlife resources or the habitat upon which the wildlife depends. Therefore, a Mitigated Negative Declaration has been prepared for this project. The mitigation measures are those conditions of approval that address the potential noise, parking, and police serviee impacts. - e RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 01-023 subjeet to the following eonditions: 1. The eomputer game arcade approved by CUP 02-001 is limited to the 1,550 square foot commercial space with a maximum of 50 computers that shall be in eompliance with the Building and Fire Codes, and the City's Regulations for Game Maehines and Game Machine Arcades (AMC Secs. 6220.5, 6411 et seq. and 9275,6.1 et seq.) to the satisfaction of the Building Official, Fire Marshall and Community Development Administrator. Compliance may result in less than 50 computers being able to fit in the 1,550 square foot commereial spaee. 2. The hours of operation on any day shall be between 10:00 a.m. to 12:00 midnight. 3. Plans of the installation and arrangement of the game machines, aceessibility features, fire deteetion and suppression equipment, emergeney exiting pathways, safety equipment, bicycle racks, skateboard and scooter storage, restrooms, signs, and any other tenant improvements shall be submitted for plan cheek review and approval by the Building Offieial, Fire Marshall and Community Development Administrator. 4. Signs listing the City's Game Maehine Regulations, with large lettering (at least 1.5 inches in height) shall be posted at the entranee and throughout the arcade. The design and locations of these signs are subject to review and approval by the Community Development Administrator. CUP 02-001 January 8, 2002 Page 10 - e e 5. At least two (2) adult employees over 21 years of age and a professional uniformed security guard (I.e., a total of at least adult employees) shall be present at the computer game arcade during all hours of operation. 6. The applicant shall provide a statement of the procedures to be implemented to ensure that patrons are of the requisite age. These procedures are subjeetto review and approval by the Community Development Administrator and Police Chief. 7. A determination based on evidenee by the Arcadia Police Department that this computer game arcade is a nuisance shall be grounds for immediate suspension of the approval, which shall result in immediate closing of the eomputer game arcade, pending a revocation hearing. 8, This approval of CUP 02-001 includes a parking modification of 8 spaces in lieu of 25 spaces. This Modification does not constitute an approval for a general reduetion of the parking requirements for the building or the eenter, but rather only for the computer game arcade approved by CUP 02-001. 9. Noncompliance with the plans, provisions and eonditions of approval for CUP 02-001, as well as noncompliance with the City's Regulations for Game Maehines and Game Machine Arcades (AMe Secs, 6220.5, 6411 et seq. and 9275.6.1 et seq,) shall be grounds for immediate suspension and/or revocation of any approvals, whieh shall result in closing of the eomputer game arcade. 10. Approval of CUP 02-001 shall not take effeet until the property owner and applicant have exeeuted and filed the Aceeptance Form available from the Development Services Department to indicate awareness and aeceptanee of these eonditions of approval. PLANNING COMMISSION ACTION ADDroval The Planning Commission should move to approve the Mitigated Negative Declaration, state the supporting findings, and direct staff to prepare a resolution incorporating the Commission's decision, specific findings, and any conditions of approval. Denial If the Planning Commission intends to deny this Conditional Use Permit application, the Commission should move for denial and direct staff to prepare a resolution ineorporating the Commission's decision and speeific findings. CUP 02-001 January 8, 2002 Page 11 - - e If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the January 8, 2002 publie hearing, please eontaet Jim Kasama at (626) 574-5445. App""ed "" ~ (ln1AaM W. 1J ~ Corkran W. Nicholson Planning Services Manager Attachments: Aerial Photo & Zoning Map Land Use Map Plans Applicant's Business Proposal Police Department Memorandum Mitigated Negative Declaration & Initial Study CUP 02-001 January 8, 2002 Page 12 I>vg=.......,.",~ ~ N 50 0 50 100 150 200 Feet I"'\- . . ~ 815W.Naomi D Arcadia !R-2 ~Zone 7lfs epment Sendces Deparlment Engineering Division Ifllpwedby.' R.SGonzal97. Nov 2001 815 W Naomi Ave CUP 02-001 G') 0 (1240) r- (1238) (75~ C (1236) m (1234) (801) (763, Z (809) ~ ~ (1232) (1230) m (1228) -- -en (800) .-- - """" f NAOMI AV (816) (810) 832) \ (836) \ \ R 'dential ~ FamilY Multipe 8.ta, ~\l (650) . , \ \ (650) \ - , '119) 1221) (1220) (1223) (12Zl) 1ts _proent SeTllices Deparlment Engineering Division Ptep/red by: R.1i Gonzak1~ Dee. 2001 (838-& I qJ ,~<:" ~~ t::J~O~~ Apt Bldg, ~ N Scale: 1"=100' o 50 100 Feet 50 . ~~ j)..~<:" ~~ 815 W Naomi Ave CUP 02-001 Api-. BI'b e DUAR,TE LmmTmmmmmrnJ .... AVENue - ROAD . t P""c.<<1 U"UC1URE , , I J I I I I I _, . .:r" Am, ",/,..le$ P 11111 f " 11111'" 1 f 111111111 " I " I r f ~ ~ II " 11111 filII " Ifill "If II ~ 1l0$ll -OIlEP ..aa lEIS VOla PA'IlUOlf ~ .....AOM' i I 1 KR'-'CION cll'd' FACTORY I ! . .; r !/~. .) ( z j D J ( (J e ~ . l'.tP ."-1" ". '0'..- ... '"-10"" , ..~. . . .' -- \' ~ '" "...., o . CASMlt1 '" 'J'_IIO '.r lr_J" PROPOSED fLOOR PLAN INTERNET STORE 1RJ '1$.. "AD" ......L ,r, ~ cr. fl0D1 SUll; ./,"."-0. - ~ e Business Proposal by HTS Game Zone CBusiness Concept I-ITS Game Zone is a computer arcade in a commercial plaza with 50 computer terminals for Internet games. This new business concept originates from Asian countries such as China, Taiwan, and Hong Kong. HTS is buying this business opportunity from Universal Tea Inc. (wbo has applied to open a CD and magazine retail store with 10 computer terminals) by adopting the new business concept. (]3usiness '}{ours HTS will be open seven days a week. Store hours will be from 10:00 am to 2:00 am or later depending on business operation scenarios in the game zone section. Hours before 3:00 pm and after 10:00 pm are open to only customers older than 18 years old. Num6er oj~mpfoyees There will be two full time employees. Security guard will be on site from 9:00 pm till Store closes. \\\E.CE'''e.O ~O'4 1. '3 om" ~ .........,_....ijDlI\OlI ~.... .,.'. i,..."Qit..,...- ~l.. MEMORANDUM Police Department DATE: December 13, 2001 TO: Jim Kasama, Planning Services Bob Sanderson, caPtai~' FROM: SUBJECT: Proposed Computer Game Arcade at 815 - F W. Naomi Ave. We have reviewed your memorandum reference to application # CUP 01-001 for a computer game arcade with fifty (50) computer stations. The proposall!sks for operating hours of lOam to 2 am seven days a week. Our primary concern is that this computer arcade operate. in consistent manner to other such locations in town. Other arcades are required to close by I am. If that is the case, we would suggest the same for this arcade. - Secondarily, we would like to know what procedure the owners of the location are putting into place to ensure that patrons under 18 years of age will only be able to attend the arcade from 2 pm to 10 pm. It is one thing to say they will regulate minor's hours of attendance, it is another to enforce it. We would like to see what plans they have in place to ensure compliance of these time restrictions and we would like to see those time restrictions be incorporated into the CUP. Finally, fifty stations is a large number of arcade stations. Is the location cleared by the fire department for such space occupancy? We have a concern that because the nature of such LAN based computer games are competitive between customers and involve games ofintense action, that player's emotions may spark disturbances within the location. We would like to know what measures would be taken by the owners to handle such situations. In that regard, we would like to see wording in the CUP that addresses patron conduct with provisions of revoking the CUP should the police department make a recommendation based in evidence that the location has become a nuisance location. e File No.: CUP 02.()()1 CITY OF ARCADIA 240 WEST HUNTINGTON DRIVE AReADIA, eA 91007 (626) 574-5400 CALIFORNIA ENVIRONMENTAL QUALITY ACT MITIGATED NEGATIVE DECLARATION A. Title and Description of Project: Conditional Use Permit No. CUP 02-001 - A Conditional Use Permit and parking modification for a computer game arcade with 50 computer stations in a 1,550 square foot retail space in a 20,180 square foot building that is part of a large neighborhood shopping center with a total of 315,747 square feet of floor space available for lease. B. Location of Project: 815 W. Naomi Avenue, Unit #F (in the Pavilions shopping center) In the City of Arcadia, County of Los Angeles C. Name of Applicant, Project Sponsor, or Person Undertaking the Project: Kuo Kin Lee - dba: HTS Game Zone 815 W. Naomi Avenue, Unit#F Arcadia, CA 91007 Contact: Sunny Han (626) 462-2409 The City Planning Commission, having reviewed the Initial Study of this proposed project and having reviewed the written comments received prior to the publiC hearing of the City Planning Commission, A including the recommendation of the City's staff. does hereby find and declare that the proposed ... project will not have a significant effect on the environment. A brief statement of the reasons supporting the City Planning Commission's findings is as follows: . The conditional approval of the proposed project, which includes mitigation measures, will provide for conformance with the City's General Plan and Zoning Ordinance, and eliminates any Potentially Significant Impacts. The City Planning Commission, hereby finds that the Mitigated Negative Declaration reflects its independent judgment. A copy of the Initial Study may be obtained at: City of Arcadia - Community Development Division 240 West Huntington Drive Arcadia, CA 91007 (626) 574-5423 The location and custodian of the documents and any other material that constitute the record of proceedings upon which the City based its decision to adopt this Mitigated Negative Declaration, are as follows: City of Arcadia - Community Development Division 240 West Huntington Drive Arcadia, CA 91007 (626) 574,5423 e Date Prepared: December 11. 2001 Signature - James M. Kasama, Senior Planner Date Posted: California Environmental Quality Act Negalive Oeclaratlon - - e File No.: CUP 02-001 CITY OF ARCADIA 240 WEST HUNTINGTON DRIVE ARCADIA, CA 91007 CALIFORNIA ENVIRONMENTAL QUALITY ACT ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Conditional Use Permit No. CUP 02-001 2. Lead Agency Name & Address: City of Arcadia Development Serviees Dept./Community Development DivJPlanning Serviees 240 W. Huntington Drive Post Office Box 60021 Arcadia, CA 91066-6021 3. Lead Agency Contact Person & Numbers: James M. Kasama, Senior Planner Phone (626) 574-5445/ Fax (626) 447-91731 E-mail 'jkasama@cLarcadia.ca.us 4. Project Location (address): 815 W. Naomi Avenue, Unit #F (in the Pavilions shopping eenter) In the City of Arcadia, County of Los Angeles 5. Project Sponsor's Name, Address & Phone Number: Kuo Kin Lee - dba: HTS Game Zone 815 W. Naomi Avenue, Unit #F Arcadia, CA 91007 Contaet: Sunny Han (626) 462-2409 6. General Plan Designation: Commercial 7. Zoning Classification: C-2: General Commercial Form"J" -1- eEQA Checklist 4/99 - - e File No.: eup 02.001 8. Description of Project: (Describe the whole ection involved. Including'but not Ijm~ed to later phases of the project. and eny secondary, support, or off-site features necessary for Its implementation.) A Conditional Use Permit and parking modification for a computer game arcade with 50 computer stations in a 1,550 square foot retail space in a 20,180 square foot building that is part of a large neighborhood shopping center with a total of 315,747 square feet of floor space available for leaSe. 9. Surrounding land uses and setting: (Brlefly describe the project's surroundings.) The area is a transitional area between eommereial and residential. To the north is a 25-unit legal-nonconforming apartment building (c. 1961). The south, across Naomi Avenue are multiple-family residential complexes. To the east is the parking lot of the Pavilions shopping eenter, and to the west is the rear of another neighborhood shopping center that is anehored by a 99 Ranch Market. 10. Other public agencies whose approval is required: (e.g., permits, financing approval. participation agreement) The Development Services Department and Fire Prevention Bureau will review tenant improvement plans for complianee with all applicable construction codes and zoning approvals. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental faetors checked below would be potentially affected by this projeet, involving at least one impact that is a "Potentially Signifieant Impact" as indieated by the checklist on the following pages: [ ] Aesthetics [ ] Agrieultural Resources [ ] Air Quality [ ] Biological Resourees [ ] Cultural Resourees [ ] Geology 1 Soils [ ] Hazards & Hazardous Materials [ ] Hydrology 1 Water Quality [ ] Land Use 1 Planning [ ] Mineral Resources [ ] Noise [ ] Population 1 Housing [ ] Publie Services [ ] Recreation [ ] Transportation 1 Traffie [ ] Utilities I Serviee Systems [ ] Mandatory Findings of Significance Form "J" -2- eEQA Checklist 4/99 - - e File No.: eup 02-001 DElERMINA lION: (To be completed by the Lead Agency) On the basis of this initial evaluation: [l I find that the proposed projeet COULD NOT have a significant effeet on the environment, and a NEGATIVE DECLARATION will be prepared. [Xl I find that although the proposed project could have a significant effect on the environment, there will not be a signifieant effect in this case because revisions in the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. [J I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [l I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated impact" on the environment, but at least one effeet 1) has been adequately analyzed in an earlier doeument pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attaehed sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. [] I find that although the proposed projeet could have a signifieant effect on the environment, but beeause all potentially significant effeets (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, ineluding revisions or mitigation measures that are imposed upon the proposed projeet, nothing further is required. By: James M. Kasama, Senior Planner For: City of Areadia r;?= I?J *' Big tUfa ' Date: Dec. 11. 2001 Form"ji' -3- eEQA ehecklist 4/99 - - e File No.: eup 02-001 EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the responses foilowing each question. A "No Impact" answer is adequately supported if the referenced Information sources show that the Impact simply does not apply to projects like the one involved (e.g" the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2. All anSWers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation. or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more, 'Potentially Significant Impact" entries when the determination is made, an EIR is required, 4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVIII, "Earlier Analyses," must be cross-referenced). 5. Earlier analyses may be used where, pursuant to the tiering. program EIR, or other CEOA process. an effect has been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analyses Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identity which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis c) Mitigation Measures. For effects that are "Less Than Significant With Mitigation Measures Incorporated," describe the mitigation measures that were incorporated or refined from the earlier document and the extent to which-they address site-specific conditions for the project. 6. Lead agenCies are encouraged to incorporate into the checklist, references to information sources for potential impacts (e.g.. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources, uses or individuals contacted should be cited in the discussion. 8. This Is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant toa project's environmental effects in whatever format is selected. 9. The explanation of each issue should identity: a) The significant criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any. to reduce the impact to less than significant. Form"J" -4- CEQA eheckllst 4/99 - - - File No.: eup 02-001 Potentially Slgniffcant Impact Less Than Significant With Mitigation Incorporation No Impact Less Than Significant impact I. AESTHETICS - Would the project: a} Have a substantial adverse effect on a scenic vista? [ I [ ] [I [X] b} Substantially damage scenic resources. including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? [ I [ I [] [X] c} Substantially degrade the existing visual character or quality of the site and its surroundings? [ ] [ ] [] [X] d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? [ ] [ ] [] [X] The proposed computer game arcade will be in an existing retail building. Excepting a sign. which has already been approved through the City's Architectural Design Review process, and installed, no exterior changes are proposed. II. AGRICULTURAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the Califomia Agricultural land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional modei to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the Califomia Resources Agency, to non- agricultural use? [ I [ ] [] [X] b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? [ ] [ ] [] [X] c} Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? [ ] [ ] [] [X] The proposed computer game arcade will be in an existing retail building in a large neighborhood Shopping center In a commercial/residential area that is zoned for and developed with commercial and residential uses. There are no agricultural lands, zones or uses In the area. III. AIR QUALITY - (Where available, the sIgnificance criteria established by the applicable air quality management or pollution control district may be relied upon to make the following determinations.) Would the proposal: a) Conflict with or obstruct implementation of the applicable Air Quality Plan? [ ] [ ] [] [X] b} Violate any air quality standard or contribute substantially to an existing or projected air quality violation? [ ] [ ] [] [Xl c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions, whiCh exceed quantitative thresholds for ozone precursors)? [ I [ ] [] [X] d) Expose sensitive receptors to substantial pollutant concentrations? [ J [ J [J [X] e) Create objectionable odors affecting a substantial number of people? [ ] [ ] [] [X] The proposed computar game arcade will be in an existing retail building. This project will not have any adverse impacts on air quality. IV. BIOLOGICAL RESOURCES - Would the project: a} Hava a substantial adverse impact, either directly or through habitat modifications, on any species identified as. a Form"J" -5- CEQA Checklist 4199 File No.: eup 02-001 Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact - candidate, sensitive, or special status species in local or regional plans. policies, or regulations, or by the Califomia Department of Fish and Game or U. S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations. or by the Califomia Department of Fish and Game or U. S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vemalpool, coastal. etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species, or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources; such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional or state habitat conservation plan? [ ] [ ] [] [Xl The proposed computer game arcade will be in an existing retail building in a large neighborhood shopping center in a fully developed suburban commercial/residential area. This project-will not have any adverse impacts on biological resources. V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change In the significance of a historical resource as defined in Section 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? [ ] [ ] [] [X] rhe proposed computer game arcade will be in an existing retail building in a large neighborhood shopping center in a fully developed suburban commercial/residential area. VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures 10 potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines and Geology Special Publication 42). Ii) Strong seismic ground shaking? ill) Seismic-related ground failure, including liquefaction? iv) Landslides [ ] [ ] [ ] [X] [ ] [ ] [ ] [X] [ ] [ ] [ ] [X] [ ] [ I [ ] [Xl [ ] [ I [ ] [XI - [ ] [ ] [ ] [Xl [ 1 [ ] [ ] [XI [ ] [ ] [ ] [X] [ ] [ ] [ J [ I [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [X] [X] [XI [X] - Fonn "J" -6- CEOA Checklist 4199 - - e File No.: eup 02-001 Potentially Significant Impact [ ] Less Than Significant Wllh Mitigation Incorporation [ ] No Impact [X] Less Than Significant Impact [ ] b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Unifonn Building Code (1994) creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or altemative wastewater disposal systems where sewers are not available for the disposal of wastewater? [ ] [ ] [] [X] This entire region is subject to the effects of seismic activity, but the subject property is not within a Seismic Hazards Zone, nor in an Earthquake Fault Zone. The subject building does not require seismic retrofitting and the site has not been detennined to be especially susceptible to any of the above geologic problems. There are no unique geologic or physical features at the site. [ I [ ] [X] [ ] [ ] [ ] [ ] [Xl VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) ere ate a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? [J [ ] [] [X] b) ereate a significant hazard to the public or the environment through reasonably foreseeable upset and accident condnions Involving the release of hazardous materials into the environment? [ ] [ ] [] [X] c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? [ ] [ ] [] [X] d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Govemment Code Section 65962.5 and, as a result. would n create a significant hazBrd to the public or the environment? [ ] [ ] [] [Xl e) For a project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? [ ] [ ] [] [XI f) For a project within the vicinny of a private airstrip, would the project result In a safety hazard for people residing or WOrking in the project area? [ ] [ ] [] [X] g) Impair implementation of, or physically interfere with an adopted emergency response plan or emergency evacuation plan? [ ] [ ] [] [X] h) Expose people or structures to a significant risk of loss. injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intennixed with wildlands? [ ] [ ] [] [X] The proposed computer game arcade will be in an existing retail building. This project does not involve hazardous substances, nor will it create or expose people to health hazards. The site is not within two miles of a public airport. and is not adjacent to or near any wildlands. The project will comply with all emergency access and fire safety regulations. VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? [X] [ ] [ ] [ ] FormnJ" -7- CEQA Checklist 4199 - - e File No.: CUP 02-001 Less Than Significant Potentially WIth Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit In aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? [ 1 [ 1 [l [X] c) Substantially alter the existing drainage pattem of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on- or off-site? [ ] [ ] [] [Xl d) Substa'ntially alter the existing drainage pattern of the site or area. including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on or off-site? [] [ ] [] [X] e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? [ ] [ ] [l [X] f) Otherwise substantially degrade water quality [ ] [ ] [] [Xl g) Place housing within a 1 OO-year flood hazard area as mapped 0[1 a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? [ ] [ ] [l [X] h) Place structures within a 100-year flood hazard area, which would impede or redirect flood flows? [ 1 [] [l [X] i) Expose people or structures to a significant risk of loss, injury or death inVOlving flooding, including flooding as a result of the failure of a levee or dam? [ 1 [ ] [] [X] j) Inundation by seiche. tsunami, or mudflow? [ ] [ ] [] [X] The proposed computer game arcade will be in an existing retail building in a large neighborhood shopping center in a fully developed suburban commercial/residential area. This project will not violate Regional Water Quality eontrol Board water quality standards or waste discharge requirements, will not alter absorption rates, drainage pattems, surface runoff, surface water conditions. or ground water conditions. There are no Special Flood Hazard Areas in the City of Arcadia, as determined by the Federal Emergency Management Agency (FEMA). The site is not within a Dam Inundation Area, and will not expose people to any additional or increased hazard levels. IX. LAND USE& PLANNING - Would the project: a) Physically divide an established community? [ ] [ ] [l [X] b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? [ ] [ ] [l [Xl c) Conflict with any applicable habitat conseNation plan or natural community conseNation plan? [ ] [ J [l [Xl The proposed computer game arcade will be in an existing retail building in a large neighborhood shopping center that is consistent with the City's General Plan and with the commercial zoning of the site. This project is subject to a Conditional Use Permit. X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? [ ] [ 1 [l [X] Form"J" -8- CEQA Checklist 4199 - - e . ) File No.: eup 02,001 Potentially Signlftcant Impact Less Than Significant With Less Than Mitigation Significant Incorporation Impact No Impact b) Result In the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? [ I The proposed computer game arcade will be in an existing retail building shopping center In a fully developed suburban commerciaVresidenllal area. known to exist at the SUbject property. XI. NOISE - Would the project result in: a) Exposure of persons to, or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to, or generation of excessive groundbome vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise levels In the project vicinity above levels existing without the project? d) A substantial temporary or periodic Increase in ambient noise levels in the project vicinity above 'Ievels existing without the project? e) For a project located within an airport land use plan. or where such a plan has. not been adopted, within two miles of a publiC airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip. would the project expose people residing or working !nthe project area to excessive noise levels? [ I [ I [] [XI The proposed computer game arcade will be in an. existing retail building in a large neighborhood shopping center in a fully developed commercial/residential area. The project should not expose people to any excessive noise levels. Computer game arcades. however. can be a source of high noise levels from the computers and from the players. but should be contained within the subject retail space. If noise and vibrallon are a disturbance to adjacent businesses, soundproofing and vibration dampening material should be applied to the walls. floor and ceiling. The subject property is not within two miles of a public airport, and there should not be any construction related noise and vibration because this project will only involve interior tenant improvements. [ ] [I [XI in a large neighborhood No mineral resources are [ ] [Xl [ I [ ] [ I [X] [ I [ I [ I [X] [ I [ I [ ] [X] [ ] [ ] [ ] [ I [ I [XI XII. POPULATION & HOUSING - Would the project: a) Induce substantial population growth In an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? [ ] [ ] [] [XI b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? [ I [] [X] c) Displace substantial numbers of people, necessitating the. construction of replacement housing elsewhere? [ ] [ ] [] [X] The proposed computer game arcade will be in an existing retail building in a large neighborhood Shopping center In a fully developed suburban commercial/residential area. This project will not have any impacts on the housing and/or population of the area. XIII. PUBLIC SERVICES - Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered govemmental facilities, need for new or physically altered govemmental facilities, the construction of which would cause significant environmental Impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Form "J" -9- CEQA.CheckliSt 4/99 - - e File No.: eup 02-001 Less Than Significant Potentiaily With' Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact a) Fire protection? [ ] [ ] [] [X] b) Police protection? [ ] [Xl [] [I c) Schools? [ ] [ ] [] [X] d) Parks? [] [] [] [X] e) Other public facilities? [ ] [] [] [X] The proposed computer game arcade will be in an existing retail building in a large neighborhood shopping center in a fully developed suburban commercial/residential area. This project is consistent with the City's General Plan, and should not have any Impacts on public services. Any necessary extensions or additions of public facilliies will be provided by this project. The project includes the provision of a security guard from 9:00 p.m. to closing time. If the project becomes a nuisance, the Conditional Use Permit may be revoked. XIV. RECREATION - Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? [ ] [ ] [] [X] b) Does the project Include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? [ ] [ ] [] [X] The proposed computer game arcade will be in an existing retail building in a large neighborhood shopping center in a fully developed suburban commercial/residential area. This project will not have any Impacts on recreational facilities or opportunities, XV. TRANSPORTATION / TRAFFIC - Would the project: a) Cause an increase in traffic that Is substantial in relation to the existing traffic load and capacity onhe street system (I.e., result in a substantial increase in either the number of vehicle trips. the volume to capacity ratio on roads. or congestion at intersections)? [ ] [ ] [X] [] b) Exceed, either individually or cumulatively. a level of service standard established by the county congestion management agency for designated roads or highways? [ ] [ ] [] [X] c) Result in a change in air traffic pattems, including either an increase in traffic levels or a change in location that results in substantial safety risks? [ ] [ ] [] [X] d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? [ ] [ ] [] [X] e) Result in inadequate emergency access? [ ] [ ] [] [X] f) Result in inadequate parking capacity? I ] [ ] [X] [] g) Conflict with adopted policies, plans, or programs supporting altemative transportation (e.g.. bus tumouts. bicycle racks)? [] [X] [] [] The proposed computer game arcade will be in an existing retail building in a large neighborhood shopping center. With the exception of a review of the parking situation in the immediate vicinity of the project. this project should be consistent with the City's transportation and circulation plans. If the parking availability at the subject site is determined to be adequate for the proposed computer game arcade. and adequate bicycle parking facilities are provided, this project will not have any of the above impacts. XVI. UTILITIES & SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? [ ] [ ] [ ] [X] Form "J" .10. CEQA Checklist 4199 - e e File No.: CUP 02-001 Less Than Slsnlftcant Potentially Wllh Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact b) Require or result In the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? [ I [ ] [I [X] c) Require or result in the construction of new stonn water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? [ ] [ ] [I [Xl d) Have sufficient water supplies available to serve the project from existing entitlements and resources. or are new or expanded entitlements needed? [ ] [ ] [] [X] e) Result in a detennination by the wastewater treatment provider. which serves or may serve. the project that It has adequate capacity to serve the project's projected demand in addition to the providers existing commitments? [ I [ ] [] [Xl f) Be served by a landfill with sufficient pennitted capacity to accommodate the project's solid waste disposal needs? [ ] [ I [] [X] g) Comply with federal, state and local statiJtes and regulations related to solid waste? [ ] L ] [] [X] The proposed computer game arcade will be in an existing retail building in a large neighborhood shopping center in a fully developed suburban commercial/residential area. This project is consistent with the Gity's General Plan, and will provide any necessary extensions of public facilities. This project will not have any adverse impacts on utilitiesand/or other public service systems. XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of Califomia history or prehistory? [ I [ I [] [X] b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the Incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) [ I [ I [X] [I c) Does the project have environmental effects, which will cause substantial adverse effects on human beings. either directly or indirectly? [ ] [ ] [] [XI The proposed computer game arcade will be in an existing retail building in a large neighborhood shopping center in a neighborhood commercial center. With the exception of not allowing other uses that would result In a parking demand in excess of the available parking in the Immediate vicinity of the project location, this project will not have any of the above effects or impacts. XVIII. EARLIER ANALYSES No earlier analyses, and no additional documents were referenced pursuant to the tiering. program EIR. or other CEOA processes to analyze the project. Form oJ" -11- CEQA Checklist 4/99 File No. ettf ~~t -dj ZiJeJ 2 - 00/ CITY OF ARCADIA 240 WEST HUNTINGTON DRIVE ARCADIA, CA 91007 (626) 574-5400 ENVIRONMENTAL INFORMATION FORM Date Filed: October 30, 2001 General Information' 1. Name and address of developer or project sponsor: HT~ r.~m" 7nn.. R 1 ~ w. 'Naom i ifF. Arcad i a. CA 91007 k'uo 1(;", Lee CO>1w.: 5ul1,,'I ~ G~" . '({,2-- 2'"/0'1 2. Address of project (Loca~ion): 815 w. I~aoml Arcadia, CA 91007 (p'f) _. Name, address and telephone number of person to be contacted concerning this project: Kue LIR lee (62~) S7~-g~ag 5~.,"'7' 'In., (6W '-11.'- -Z-'toq 815 '"(f', tlasFRi i\rca<;P". C-A 910Q7 4. List and describe any other related permits and other public approvals required for this project, including those. required by city, regional, state and federal agencies: Business License No. 040909 Issued by City of 4rc a.J,' &L 5. Zoning: 6. General Plan Designation: commercial C2 commercial Proiect DescriDtion 7. Proposed use of site (project description): e HTS bouhqt the business from Univeral Tea Inc., who has a CD & Magazine store at the addressed site. HTS wi 11 open a game zone/computer arcade uti llzing the fac i I Hies and supp 1 I es that Un I versa 1 Tea I nc. owns. There wi 11 be a tota" of - - e ) 50 $ computer term i na Is in the arcade for internet games. , ^ teparatD seetiaR of 12 eeR'\~l:Iten; '.:i 11 1:1" offc.r,-d Lv ;)~II;or "jtiZ'-1l3 ;11 tile ~CO~1JRtty fram 7:98 am to, 12;99 I'm fre.e fer infollllgl;Vll ~~II:;dd, !lhd n6f"a pr9~e~sfMg ~~.pv!e~_ TI,;J seetiaA ~3i ~9~R gff~F~d te the 38me gre~~ ~f s~&tomers ,",'I farmer hl.ls:iR~i' O"AeF' :aRe WTS 3sltAe".:lesQes tFi8 sigAifiesl'\t Reed, g4= th9 c:~oqier clti28R& fR t~B ~GFRFR\:IAit./ te ge iRvolved j~ 8 I-li~k tcck ~omJ3titef'h~eel &eeI9t~' The hour I y cha rge for cus tamers who comes us'l ng the computer I n the game zone area is $2.00 TRere ,...ill Fie Fig ~1:i2rge fgr g9Aisr cttl:l~r;\f "'Re 8ema iA bet\.'eeR 7'00 3Rl tg 11"00 pm te !Jie tAe. eOml5uted~ ;.. 1I11O:: l::H:Jul.,.~tio" BAS t-~.R1Ag seetieR HTS will have two employees in the store always. aarl~ E~lft ~,ill Be efferiA~ --'fIIl;C l\,olL..."1.'9 t.... !G"iUI ""; l:l.vIl3. The game zone section is to attract people/customers who are Interested In online,high-tech, exciting games. _ Site Size: 37,810 Sq. Ft. / 0.87 Acre(s) 9. Square footage per building: 1,500 Sq. Ft. 10. Number of floors of construction: None 11. Amount of off-street parking provided: 1,200 total parking spaces in the shopping center 12. Proposed scheduling of project: Thp- c;tnrp i.co c;,r:hp.rl" 1 pel tn aDen as st'on as the c i tv aooroves the cond it i ana 1 use perm; t. 13. Associated projects: None 14. Anticipated incremental development: 411I; None 15. If residential; include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household sizes expected: 19. e NA 16. If commercial, indicate the type, i.e. neighborhood, city or regionally oriented, square footage of sales area, and loading faeilities, hours of operation: Computer arcade in a commercial plaza, total of 1,500 Sq. Ft. store areas ~ 0 J!7'tfD,-D?>? 'iA, ~,,~I r..I.~c.. ..~o:p", -. rt:;; " </ .. . ""'-, Op'en 7,98 12.8 seRigr dtiuR& and 12pm ~ to general puol ic..older than 18. If industrial, indicate type, estimated employment per shift, and loading facilities: NA 17. 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: NA If the project involves a variance, conditional use permit or zoning application, state this and indicate clearly why the application is required: . 50 The store is a computer arcade with * computer terminals -2- Envlronlnfo~ orm 4101 w. Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO . Cl GI 21. 0 (]I 22. Cl q 23. Cl 0 24. Cl ~ 25. 0 GI 26. Cl m 27. ClCl 28. 4f CJ 29. Cl CiI 30. 0 121 31. Cl 41 32. Cl Q 33. Change in existing features of any hills, or substantial alteration of ground contours. Change in scenic views or vistas from existing residential areas or public lands or roads. Change in pattern, scale or character of general area of project Significant amounts of solid waste or litter. Change in dust, ash, smoke, fumes or odors in vicinity. Change in ground water quality or quantity, or alteration of existing drainage patterns. Substantial change in existing noise or vibration levels in the vicinity. Is site on filled land or on any slopes of 10 pereent or more? Use or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives Substantial change in demand for municipal services (police, fire, water, sewage, etc.) Substantial increase in fossil fuel consumption (electricity, oil, natural gas, etc.) Relationship to a larger project or series of projects Has a prior environmental impact report been prepared for a program, plan, policy or ordinance consistent with this project? o (]I 34. If you answered YES to question no. 33, may this project cause significant effects on the environment that were not examined in the prior EIR? Environmental Setting Describe (on a separate sheet) the project site as it exists before the projeet, including information on topography, soil stability, plants and animals, any cultural, historical or scenic aspects. Describe any. existing structures on the site, and the use of the structures, Attach photographs of the site. (Snapshots or Polaroid photos will be accepted.) 35. e EnvlronlntoForm See attachment -3- 4/01 _. Describe (on a separate sheet) the surrounding properties, including information on plants, animals, any cultural, historical or scenic aspects. Indieate the type of land uses (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-backs, rear yards, etc.). Attach photographs of the vieinity. Snapshots or Polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date (" 0'- -:3 0 ~ 0<. oP / f!//- (SignatiJre) For H7 S G"""1J~ ZC>/LX..- - e EnvironlnfoForm -4- 4/01 - - e Environmental setting 35. & 36. 815 W. Naomi #F was a loan company before. This site is one of the stores within a commercial building with 12 stores (please see the attached photographs). This subject building is located in a big shopping center with kinds of retail stores in C-2 zoning per city of Arcadia's records (a list of stores within the shopping center is also enclosed with the application package). West to the shopping center is a C-) zoned supermarket/commercial plaza. South to the shopping center is a multi-family area zoned for R-3. '1,fJ~j, : - ~~:.i.,~.,~ ~.~~~~.~ :~ --,---- -:1 "~C'l'~ , '.. ' 1.')~ \ ......',-.,liil;,i.to.\..."....".:", - - e I ~~------ ~-- , ;'[::10 ~ I ~. v .' - .' ~----- - -. -------. :#F .~iii1<..::~:,;" I -,~~~~?,..,;,,~..t~ \<~~.~'.\_,.',\, "i~"-""" \"f~~.'i"~'~\: . J .'.r I' I.... '" :-r{ ~; " ',j ; ~. . t ~~ :': . .' " o . . 8''5' W, /VA. v. , A~ -/iF ~...,. - TENANT RENT ROLL Arcadia Hub Date 811101 UnitNo Tenant SQ.Fl 1200 00 Alexia Flowers 500 120100 Burlington Coat Factory 100491 120101 Burlington Coat Factory 26000 120102 Vacant 12550 120102 Vacant 2nd Fioor 4000 120103 Joann's Fabric 15000 1225 00 Party World 10475 1265 00 Famous Footwear 5800 127101 Waltrlp's Music + 13000 Sq It basement 7800 1309 00 PS Pius Sizes 4083 13110A Nlc eomputer. Inc. 2800 '31108 Young Dong Tofu 2000 13110C Big Apple 800 131300 L1!jjhthousc Portners Inc 4814 131700 Payless Shoes 4000 132500 Ross Stores 21544 1325 00 22000 Sq Ft Basement-6000 Ft used by Ros 0 132500 14000 Sq Ft AVailable for Storage 0 e 733A 00 One Hour Photo 600 7336 00 starbucks Coffee 950 7338 01 StarbvCks Storage 0 733e 01 PCS Store 665 733D '00 Smoke Shop 'nc 760 73SE 00 Walter Oom Jewelers 564 733F 00 Naomi ShoeNacuum Rep 940 733G 00 Subway Submarine 760 733H 00 Arcadia Trevel ConnaCllon 780 733' 00 ehlldfan Clothing 760 733J 00 Vanity Fair 760 733K 00 Da Chan Laser & Video 760 733L 00 Hai, Cut Plus 760 733M 00 F u-Kong 740 733M 00 Morning Glory 741 a15A 00 ehlnese Restaurant 1550 815800 ehina Trust Sank 2280 815C 00 Jenny Craig 2400 815.. 00 Call(Qrnla Beauly Supply 1650 "ll15FOO-,., Universal Tee Ino 1550 --- " 815000 A-U79 1550 815H 00 Haifcraation 1550 815100 Cal(ornia Computers 1550 815J 00 Tel Payment Center 1550 815K 00 'Young Optometry 1550 815L 00 Score 1550 -e 815M 00 Mission Renaissance 1550 Vans 00 VON'S 62390 TOTAL 315747