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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.
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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
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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:
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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.
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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
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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
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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
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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.
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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
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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
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Attachments: Land Use & Zoning Map
Police comment
Planning Commission Resolution No. 1638
Proposed plans
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C.U.P. 2001-008
(9-month review)
October 9, 2001
Page 4
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1023 S. Baldwin Avenue
CUP 01-008
LAND USE & ZONING MAP
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1 inch = 200 feet
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To: ( ) 610g. Serv.,
( ) Econ. Dev.,
( ) DS-Engineertng.
MEMORA~1)UlVJ
DEVELOPlYIENT SERVICES DEPARThIENT
( ) ~Pre\l., (- \. ( ~ PW-Streets,
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( ) PW-Sewer ( ) P -NPDES/SUSMP,
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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.
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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