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HomeMy WebLinkAbout1638 e . . ') ) 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. 1638 " e . e ") ) 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: 2 1638 e . e ) 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 3 1638 e . e ) ) 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 ~~ ." -- . 4 1638 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. 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: , ~~ C? 16t;;(~ Stephen P. Deitsch, City Attorney City of Arcadia .and Kalemkiarian Chairman, Planning Commission City of Arcadia ----' - 5 1638