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HomeMy WebLinkAbout1658 . . . RESOLUTION NO. 1658 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING CONDITION NO. 4 OF CONDITIONAL USE PERMIT NO. 01-008 TO INCREASE THE NUMBER OF COMPUTER STATIONS FROM 20 TO 30 FOR AN EXISTING COMPUTER ARCADE AT 1023 SOUTH BALDWIN AVENUE. WHEREAS, on March 26, 2001, a conditional use permit application was filed by Margaret K. Wong to expand the hours of operation for an existing computer arcade to 11 :00 a.m. to 1 :00 a.m., seven (7) days a week, and to increase the number of computer stations from twenty (20) to thirty (30), Development Services Department Case No. C.U.P. 2001-008, at 1023 South Baldwin Avenue, more particularly described as follows: The southerly 54 feet of lot 3 of Tract No. 5220 in the City of Arcadia, County of Los Angeles, State of California, as recorded in the Office of the County Recorder of Said County. WHEREAS, a public hearing was held on May 8, 2001, at which time all interested persons were given full opportunity to be heard and to present evidence. The Planning Commission voted 5-0 to extend the hours of operation 1 :00 p.m. to 1 :00 a.m., but denied the request for the additional computer stations. At the time of the request, the business had only been in operation for approximately four (4) months and the City had received complaints regarding noise, loitering, parking and after-hour operations. It was the Commission's determination that such a use must be in business for a longer period of time to determine if the problems cited can be resolved before any consideration be given to allowing additional computer stations as requested by the applicant. Therefore, the Commission added a condition of approval to have further review of the applicant's request to increase the number of computer stations within nine (9) months from the date of the original approval of the subject arcade. 1658 e . e The purpose of this resolution is to set forth the Commission's decision and specific findings in regards to such review and amending Condition NO.4 of Conditional Use Permit 01-008 to permit a maximum of thirty (30) computer stations. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the attached report, dated October 9, 2001, is true and correct. SECTION 2. This Commission finds: 1. That increasing the number of computer stations from twenty (20) to thirty (30) will not be detrimental to the public health or welfare, or injurious to the property or improvements in such zone or vicinity. 2. That the use applied for in reference to the increase in the number of computer stations for the existing computer arcade at the location indicated is properly one for which a Conditional Use Permit is authorized. 3. That the Police Departmenfs patrol staff has closely observed the traffic and pedestrian patterns that have developed around the subject business, and have noted that the business is operating without any problems. Also, Planning staff has made random site inspections, and met with the owners on several occasions to discuss the progress of the business at which time no problems were observed. 4. 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 are adequate to adjust said use with the land and uses in the neighborhood. 5. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 6. That the subject property is designated for commercial use in the General Plan, that the proposed use is consistent with that designation, and that 2 1658 .e . e the granting of such an amendment will not adversely affect the comprehensive General Plan. 7. That the evaluation of the environmental impacts 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 Environmental 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 Negative Declaration was approved. SECTION 3. That for the foregoing reasons this Commission amends Condition No.4 of Condition Use Permit 2001-008 to increase the number of computer stations from twenty (20) to thirty (30) for an existing computer arcade at 1023 South Baldwin Avenue, subject to the following conditions: 1. That an on-site parking modification be granted for 58 parking spaces in lieu of 151 spaces required by Code. This parking modification does not constitute an approval of a general reduction of the parking requirement for the entire shopping center, but only for the specific use approved by C.U.P. 01-008. 2. All City code requirements regarding accessibility, fire protection, occupancy, and safety shall be complied with to the satisfaction of Building Services and the Fire Department that shall include, but are not limited to the following items: a. If only one of the proposed restrooms is to be disabledlhandicapped accessible, then both ofthe restrooms must be unisex. b. Installation of a Knox-box with keys in conformance with the Uniform Fire Code. c. Installation of an NFPA-72 fire alarm system in conformance with the Arcadia Municipal Code. 3. The applicant shall comply with the Business Licensing and Game Machine Regulations stipUlated in Article VI of the Municipal Code which include, but not limited to the following items: 3 1658 e . . a. 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. 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 accompanied by a parent or guardian. The 8:00 a.m. through 3:00 p.m. restriction shall not apply during school holidays and school vacation periods recognized by schools within the City of Arcadia. 4. The maximum number of the computer stations shall not exceed thirty (30) such stations. 5. The operation of the computer arcade shall be limited to the hours of 1 :00 p.m. to 1 :00 a.m. seven (7) days a week. 6. The applicant shall be required to have a security guard on site after 8:00 p.m. 7. Approval of this amendment shall not take effect until the property owner and applicant have executed and filed the Acceptance Form that is available from the Development Services Department to indicate awareness and acceptance of the conditions of approval. 8. Noncompliance with the provisions and conditions of Conditional Use Permit No. 01-008, as amended by the Commission, shall constitute grounds for its immediate suspension or revocation of said permit. 4 1658 e . e SECTION 5. 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 forgoing Resolution No. 1658 was adopted at a regular meeting of the Planning Commission held on October 9, 2001 by the following vote: AYES: NOES: ABSENT: Commissioners Huang, Murphy, Olson, Kalemkiarian None Commissioner Baderian Cha r an, Planning Commission City Arcadia Secretary, Planning Commission City of Arcadia APPROVED AS TO FORM: &Lr~ Stephen P. Deitsch, City Attorney City of Arcadia 5 1658 STAFF REPORT DIDmLOPMENT SER~CES DEPARTMENT October 9, 2001 TO: Arcadia City Planning Commission FROM: Donna L. Butler, Community Development Administrator By: Corkran W. Nicholson, Planning Services Manager SUBJECT: Conditional Use Permit No. 2001-008 SUMMARY . The Planning Commission at its May 8, 2001 meeting considered Conditional Use Permit 2001-008 requesting to extend the hours of operation and increase the number of computer stations for the existing computer arcade at 1023 South Baldwin Avenue. The Commission voted 5-0 to approve the extension of the business hours (5:00 p.m. to 1:00 a.m.) to 1:00 p.m. to 1:00 a.m., seven days a week and denied at this time the applicant's request to increase the number of computer stations from 20 to 30. A condition of approval was that the Planning Commission would review the applicant's request regarding increasing the number of computer stations within nine (9) months from the date of the original approval. The purpose of tonight's hearing is to review the applicant's request for 30 computers stations. The Development Services Department is recommending approval of the increase in the number of computer stations from 20 to 30. BACKGROUND ~- . The Planning Commission approved the original conditional use permit for the game arcade on January 9, 2001. The original request restricted the hours of operation from 5:00 p.m. to 1:00 a.m., and limited the number of computer stations to 20. In April, the applicants filed a new conditional use permit C.U.P. 2001-008 to extend the hours of operation to 11:00 a.m. to 1:00 a.m. seven days a week and to add ten more computer stations to their business for a total of thirty (30) stations. e . . As noted, the Planning Commission at its May 8 meeting extended the hours of operation, but denied the fequest for the additional stations. At the time of the request, the business had only been in operation for approximately four (4) months and the City had received complaints regarding noise, loitering, parking. and after-hour operations. It was the Commission's determination that such a use must be in business for a longer period of time to determine if the problems cited can be resolved before any consideration be given to allowing additional computer stations as requested by the applicant. The Commission added the following conditipn to Resolution No. 1638 for the purpose of providing further review of the use prior to considering an increase in the number of computer stations: "4. At this time the maximum number of computer stations shall remain at twenty (20) in accordance with the original approval, and that the Planning Commission shall review the issue of increasing the number of computer stations in nine months from the date of the original approval of the subject business (January 9, 2001)." In accordance with the above condition this report has been prepared to update the Commission on the status of the subject business, and to address the related issue of allowing additional computer stations, as previously requested by the applicant. DISCUSSION The Police Departmenfs patrol staff has closely observed the traffic and pedestrian patterns that have developed around this new business, and have advised staff that typically the young patrons are dropped off by a parent or they walk or ride their bikes to the premises. Currently, the subject business is operating without any noted problems and, as stated in the attached memo from Police Captain Bob Sanderson, they have no problem with increasing the number of computer stations to 30. No further conditions are being recommended at this time by the Police Department. At this time the Planning staff is not aware of any problems with the operation of the computer arcade business. Since its opening staff has made random site inspections, and have met with the owners on several occasions to discuss the progress of the business. - Based on the various site inspections and the Police Department's observation, staff feels that increasing the number of computer stations to 30 for the computer arcade would have minimal impact upon the neighboring businesses. C.U.P.2001-008 (9-month review) October 9, 2001 Page 2 e . e CEQA A Negative Declaration was initially approved for C.U.P. No. 2001-008; therefore, no further action is necessary. .RECOMMENDA TION The Development Services Department recommends approval of the applicant's initial request to increase the number of computer stations from 20 to 30 such stations for the existing computer arcade at 1023 South Baldwin Avenue. No further conditions of approval are being presented at this time. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to increase the number of computer stations at the subject location, the Commission should move to approve such an increase, and adopt Resolution No. 1658: A Resolution of the Planning Commission of the City of Arcadia, California, amending Condition No. 4 of Conditional Use Permit No. 01-008 to increase the number of computer stations from 20 to 30 such stations for an existing computer arcade at 1023 South Baldwin Avenue. Denial If the Planning Commission intends to deny an increase in the number of computer stations at the subject location, the Commission should move for denial and direct staff to prepare a resolution that incorporates the Commission's decision and specific findings. If any Planning Commissioner, or other interested party has any questions regarding this application prior to the scheduled publiC hearing, please contact Donna L. Butler at (626) 574-5422. Ap~ . ~.~ ~ ,~~~ ----- onna L. Butler ---- Community Development Administrator C.U.P.2001-008 (9-month review) October 9, 2001 Page 3 e . . Attachments: Land Use & Zoning Map Police comment Planning Commission Resolution No. 1638 Proposed plans .-- . C.U.P. 2001-008 (9-month review) October 9, 2001 Page 4 I i .S'" R 3,5; (,S.ID..- . II".-l <( n.:::;J ,,' G ~ta').... ",,' .y aiel >-::; ...n a ...:.. t'l. I ... -:l-oc'-i. Q '_~'\.u .3."IW 1- 1 I . at [ ~ ! (755)/ C1S.11 . . "15 I (7.:1z)(7Jcj. -I . I I ! 9. . i~1 (7~ I (77 (7,(,) I (7H) I I .. '15 (,2..1) (7Z~i\1 , ',5 I ~("W g1 01 , I- \~~.u . 'tl~ 7 -Eleven' . t l) ... ~ ~~ ... 0 Thai Restaurant ~~ o -.:I?_ _).. 1_-1;G.t.._~ PR 3'.,71'0 . I '" - '{Offices ~"': , / ,,-,'" . O'i.'li ~",. '" "'''' ~'" ~":1 "" ~ r )1~} (7/ 1 (7"1 q \ ARCADIA AVE. 1071 (7f,JJn~7".z~ b .. 1,0...80 C-2 il< .....~. ill ~..." .I'i." 'f~" ~ ~ .ot':i ~..~~ _0 III <ii;l\ ...." <ll "'1'1 . (f) !:2 "I "':- --~- :;::- ~~I ~i .... 0 -:f\\l ~\S &l :2J 1'1 1.1~.v7 1,1, o .1 314!\ ~ C-2' ~I Arcadia Reading cunic:.J . -,- - -- - - - -;[ ~:C..2 & H4 i\' '" I . ~ <ll I .j IV ; _, ;,,;\: ~ ~ \I -'~ C' , 11 ~ (I) II lJJ '" Cl' :il ~. .. _ _. .: _ _ -3'L7.,.!1 ~ ;;; ~ 37il :Z'" al m.3/1 :; !I ::.5 :1 o ARCADIA :. Wells Fargo Bank ;37.,i! , C..2 -J < .IX) 55 .,.. "'~ gs ~ 3<5 , ;i :"? . ;'j' : Codinera Center ,u ~ ~~c.e __~~~.. ,.1.1.'; " ,.I.1.r.J. . 'I'll. ... N ci~ . co . s~ 0::: 39 c _.. .~ '10.. ~ ---32,- .----, ~~ ~ \V ~I , .' ;i 1023 S. Baldwin Avenue CUP 01-008 LAND USE & ZONING MAP , , t NORTH 1 inch = 200 feet @) D~~ /1,a; J To: ( ) 610g. Serv., ( ) Econ. Dev., ( ) DS-Engineertng. MEMORA~1)UlVJ DEVELOPlYIENT SERVICES DEPARThIENT ( ) ~Pre\l., (- \. ( ~ PW-Streets, (~OIiClld.LtIii ~ ~.water, ( ) PW-Sewer ( ) P -NPDES/SUSMP, . 1$1 SUbject: From: Planning Services, Location: Project Description: Please review the attached proposal and provide comme ts and/or conditions of approval for the following checked items and any other item(s) with which u may have concerns or special knowledge: ( ) Dedications & easements ( ) NPDES/SUSMP ( ) Legal description(s) ( ) Street trees & plants ( ) Traffic, parking design, circulation, visibility. etc. ( ) Water services, meters &'backflow devices ( ) Parkway width(s) ( ) Fire hydrants, sprtnklers, connections, etc. locatJOnand deSI.gn of drtveway(s) and apron(s) ( ) Fire safety, alarms, access, exiting, etc. ~ reet lights, sidewalks, curb & gutter, etc. j ( ) Occupancy limits iectrical undergroundlng ( ) AcceSSibility (ADA/Title 24) ( ) .Gradlng, drainage and erosion control ( ) ~pliance with Building Codes ( ) Tentative ParcelfTract Map contents (rA"'"Crlme Prevention & Public Security ( ) Finai Map contents ( ) Architectural design ( ) Encroachment Into a special setback on: ( ) Landscaping design ( ) yonsistency' i~h Re ( ) Is the subject address served by a sewer line (...( Other: that l~ tributary to a deficient City trunk line? Notes: A Consultation Meeting is scheduled for ,. Your attendance is requested ( ) Yes / ( ) No Please provide Y9W .wrttt~11 r~o>J??I'1.~~ b:( .' . and thank you for your assistance. I' (!';' ,'.. Jt .>~'i ",~-~~:'.;;;:.;...,.:>,:::::';:::-"..'~'~~ "'.1 Response' I. ~ .' .' .' ~ ',.. .,.,'.,.. ": ,:",. ~, I . i.,.."".'. ' ~'i,:,;'~:~}*,;,":,~;;:'i:;~.~2:~:',:.:t?/~;~'.,~ .~.~: ! ....-('kio.fif;Jt.!":~;;f{:/t0j{iJ~ .":,~ ", ~ - I', :,;-pJ'.j;/>~'!fJ'~'--;*~:~:'/'~-:''-i ~ J" V"-'~ .. 'F.._ '- <<'" [?~~~~~.r..'r -, ',. ,,~ ,,~,~:-.'.~~;~~;j.T?'" ,,<,~,:~,\":,:~:":'~'~." '..~:-: '.' ., '!-1l~.2-~ ~_ ~~. ...--" .",. '{I ~.~ t-":I. '.'~.'~.,/"~'.:.':4 .,.:'~;,7?~~~~'if:;J'~.:~-;::~:>:. :'.~' i - --.----...~...:.._~---j.-~ ~~:.-.~"'--::_~..:*--.-;,"--~--=-:.-~ .:....:.~i:.rJ ') NOTICE OF PUBLIC HEARING BEFORE THE ARCADIA CITY PLANNING COMMISSION To: Property owners within a 300 foot radius From: City of Arcadia Community Development Division Pursuant to law, the Planning Commission hereby gives notice that a public hearing will be held to determine whether or not the following request should be approved, conditionally approved, or denied. Application No.: Location: CUP 2001-008 1023 South Baldwin Avenue Subject: A review of the applicanfs computer arcade business to consider increasing the number of computer stations from 20 to a maximum of 30 such stations, as stipulated by Planning Commission Resolution No. 1638 of Conditional Use Permit No. 2001-008. Margaret K Wong (tenant) Applicant: Environmental Document: See the Notice of Intent to Adopt a Draft Negative Declaration / Mitigated Negative Declaration that accompanies this notice. TIme of hearing: .Iace of Hearing: Tuesday, October 9,2001 at 7:15 p.m. City Council Chambers at Arcadia City Hall 240 W. Huntington Drive, Arcadia, CA The application file, proposed plans; and environmental documents are available for review at the Planning Services office. All interested persons are invited to appear at the Public Hearing and to provide evidence or testimonies concerning the subject business. You are hereby advised that should you desire to legally challenge any action taken by the Planning Commission with respect to the above mentioned business, you may be limited to raising only those issues and objections which you or someone else raised at or prior to the time of the public hearing. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a city meeting, please contact the Senior Administrative Assistant at (626) 574.5423 atreast three (3) working days before the meeting or time when special services are needed. This notification will help city staff in making reasonable arrangements to provide you with access to the meeting. Persons wishing to comment on the subject business and/or the environmental documents may do so at the public hearing or by writing to the Community Development Division prior to the October 9'" public hearing. For further information regarding this matter or to submit comments, please contact Corkran W. Nicholson by writing to the Community Development Division at 240 West H_uAtington Drive, Arcadia, CA 91007, or by calling (626) 574-5422. Arcadia City Hall is open Monday through Thursday, from 7:30 a.m. to 5:30 p.m., and on alternate Fridays, from 7:30 a.m. to 4:30 p.m. The City Hall will be closed on Friday, September 21" and on October 5'". DEVELOPMENT SERVICES DEPARTMENT ~ommunlty Development Division! Planning Services ~orkran W. Nicholson, Planning Services Manager Publication Date: September 4, 2001