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RESOLUTION NO. 1638
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL
USE PERMIT NO. 01-008, AS MODIFIED BYTHE COMMISSION,
TO EXPAND THE BUSINESS HOURS 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) such
stations, Development Services Department Case No. C.U.P. 2001-008, at 1023
South Baldwin Avenue, rnor~ particularly describedas 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.
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ARCADIA HEREBY RESOLVES AS FOLLOWS:
SECTION 1, That the factual data submitted by the Development
Services Department in the attached report, dated May 8, 2001, is true and
correct.
SECTION 2, This Commission finds:
1. That the granting of such conditional use permit will not be detrimentc
to the public health or welfare, or injurious to the property or improvements'
such zone or vicinity, except insofar a9~set forth in Subparagraph 3 of t~
Section 2.
2. That the use applied for in reference to the expanded hours of
operation for the existing computer arcade at the location indicated is properly
one for which a Conditional Use Permit is authorized.
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3. That the applicant's business is a new type of use that has only been
in operation for approximately four (4) months, and with the noted complaints the
City has received regarding noise, loitering, parking, and the after hours
operation, it is the Commission's determination that such a use must be
established for a longer period of time to see if the noted problems can be
resolved before any consideration can be given towards allowing additional
computer stations, as requested by the applicant.
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
the granting of such conditional use permit 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 enyironment 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 grants
Condition Use Permit 2001-008, as modified-by the Commission, to only expand
the hours of operation for the existing computer arcade to 1,00 p,m. to 1 :00 a.m"
seven (7) days a week a1.1023 South Baldwin Avenue, subject to the following
conditions:
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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
disabled/handicapped 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:
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:QO 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 scnsols within the City of Arcadia.
4. At this time the maximum number of the 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
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computer stations in nine months from the date of the original approval of the
subject business (January 9, 2001).
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 C.U.P. 2001-008 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 this conditional
use permit shall constitute grounds for its immediate suspension or revocation of
said permit.
SECTION 4. The decision, findings and conditions contained in this
Resolution reflect the Planning Commission's aelion of May 8, 2001,' and the
following vote:
AYES: Commissioners Bruckner, Huang, Kalemkiarian, Olson, Murphy
NOE$: None
ABSENT: None
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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. 1638 was adopted
at a regular meeting of the Planning Commission held on May 22, 2001 by the
following vote:
AYES:
NOES:
ABSENT:
Commissioners ~uang, Olson, Murphy
None
Commissioners
ATTEST:.
a?2~~~
Secretary, Planning ommlSSlon
City of Arcadia
APPROVED AS TO FORM:
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Stephen P. Deitsch, City Attorney
City of Arcadia
.and Kalemkiarian
Chairman, Planning Commission
City of Arcadia
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