PC - 1994-04 - Granting Conditional Use Permit 93-607s
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PC RESOLUTION 94-04
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A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROSEMEAD GRANTING CONDITIONAL USE
PERMIT 93-607 AND ZONE VARIANCE 93-263 TO
OPERATE A FAMILY ACTIVITY CENTER WITH PLAY
APPARATUS, ARCADE AND RESTAURANT LOCATED AT
8450 VALLEY BOULEVARD, #122, ROSEMEAD.
THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. The Planning Commission of the City of
Rosemead does hereby find and determine that an application was duly
filed by Johnny Li to establish and operate a family activity center
with play apparatus, arcade and restaurant dba Fun Zone; with
attendant parking, for property located at:
8450 E. Valley Boulevard, #122
and that a public hearing was duly scheduled for February 7, 1994,
at 7:00 p.m. in the Council Chambers of the Rosemead City Hall, 8838
E. Valley Boulevard, Rosemead, and that notice of the time, date,
place, and purpose of the aforesaid hearings was duly given according
to law; and that a public hearing was duly conducted at the
aforementioned time and place.
Section 2. The Planning Commission further finds and
determines that facts do exist as required by Section 9181, and 9170
et seq. of the Ordinance of the City of Rosemead justifying the
granting of a Conditional Use Permit and Zone Variance.
Section 3. The Planning Commission further finds:
1. The project is in harmony with the elements and
objectives of the General Plan.
2. That the granting of the variance for attendant parking
will not be detrimental to the public health or
welfare, or injurious to the property and improvements.
3. That because of special circumstances applicable to the
subject property, the strict application of the zoning
ordinance would place an undue hardship on the
property/project.
4. The project is desirable to the public convenience.
Section 4. On the basis of evaluation, this project
has been determined to qualify for a Negative declaration under the
provisions of the California Environmental Quality Act.
Section 5. Based on the above findings, the Planning
Commission hereby grants a Conditional Use Permit and Zone Variance
with respect to the property described in Section 1, subject to the
conditions contained within the attached Exhibit A.
Section 6. This action shall become final and
effective ten (10) days after this decision by the Planning
Commission, unless within such time a written appeal is filed with
the City Clerk for consideration by the Rosemead City Council as
provided in the Zoning Ordinance.
Section 7. This resolution is the result of an action
taken by the Planning commission on February 7, 1994, by the
following vote:
YES: Lowrey, Ruiz, Young, Breen
NO: None
ABSENT: (Excused) Ortiz
ABSTAIN: None
PC Resolution 94-04
page 2.
Section 8. The secretary shall certify to the adoption
of this Resolution and shall transmit copies of same to the applicant
and Rosemead City Clerk.
APPROVED and ADOPTED this 7th day of March, 1994.
ROBERT Y. YOUNG, CHAIRMAN
PC Resolution 94-04
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution
adopted by the Planning Commission of the City of Rosemead at its
regular meeting, held on the 7th day of March, 1994, by the following
vote:
YES:
NO:
ABSENT: (Excused)
ABSTAIN:
Lowrey, Ruiz, Young, Breen
None
Ortiz
EXHIBIT A
CONDITIONAL USE PERMIT 93-607
ZONE VARIANCE 93-263
FUN ZONE
8450 VALLEY BOULEVARD
CONDITIONS OF APPROVAL
FEBRUARY 7, 1994
1. This conditional use permit is approved for one (1) year, at
which time it shall be reviewed by the Planning commission for an
extension. The occupant shall file a request for extension at
least 30 days before expiration with the Planning Department.
This approval shall expire after one (1) year without progress
towards completion of the use authorized by this conditional use
permit.
2. The applicant shall sign a notarized affidavit agreeing to these
conditions within ten days of approval.
3. The conditions listed on this Exhibit shall be copied directly
onto development plans submitted to the Planning and Building
Departments for review.
4. The property shall be developed in accordance with the floor
plans (marked Exhibit B) and the revised parking plans, (marked
Exhibit C) except where otherwise noted. Any modification shall
require prior Planning Department approval.
5. The property shall comply with all appropriate Building, Fire,
and Health Department regulations.
6. Construction activities shall be limited to take place between
the hours of 7:00 a.m. and 8:00 p.m. Monday through Saturday. No
construction shall take place on Sundays or on any legal
holidays.
7. The numbers of the address signs shall be at least 6" tall with a
minimum character width of 1/411, contrasting in color and easily
visible at driver's level from the street. The location, color
and size of such sign shall be subject to the approval of the
Planning Director.
8. The applicant shall obtain a Certificate of occupancy permit and
any applicable City of Rosemead business license prior to
beginning business operations.
9. The site shall be maintained in a clean, weed and litter-free
state in accordance with Sections 5401-5415 of the Rosemead
Municipal Code, which pertains to the storage, accumulation,
collection and disposal of garbage, rubbish, trash and debris.
All trash containers shall be stored in the appropriate trash
enclosure.
10. The site shall be maintained in a graffiti-free state. Any new
graffiti shall be removed within twenty-four (24) hours.
11. The hours of operation shall be posted in the front window or
door. Hours of operation shall be limited from 10:00 a.m. to
10:00 p.m. Monday to Friday, and 10:00 a.m. to 11:00 p.m.
Saturday and Sunday.
CUP 93-607
ZV 93-263
EXHIBIT A
page 2.
12. Signs shall comply with Sections 9900-9908 of the Rosemead
Municipal Code. Specifically, signs shall not cover more than
15% of window area or 25% of wall areas.
13. The arcade portion of the project shall comply with section
9184.1 of the Rosemead Municipal Code regarding regulations for
establishing arcade. The arcade shall have a maximum of 30
machines.
14. That the applicant shall submit a management plan showing
security, game attendants, and how the children are identified
and controlled subject to the approval of the Director of
Planning.
15. All children,activities shall occur within the building.
16. A separate play area for toddlers shall be provided. This area
shall be clearly marked and/or secured.
17. A "drop-off" day care center is not permitted at anytime.
18. All children participating in the play facility shall have a
parent or legal guardian at the facility at all times.
19. The applicant shall be responsible for acquiring all necessary
Health Department permits. These shall be acquired prior to
issuance of Certificate of occupancy.
20. Applicant shall provide couches and/or chairs throughout the
facility for parents.
21. The applicant shall be responsible to discourage loitering,
littering and other adverse impacts. Excessive problems such as,
but not limited to these, may be cause for revocation of permit
at the discretion of the City.
22. Building permits shall be required for all tenant improvement
work.
23. Any significant changes to the proposed operation shall require
prior Planning Commission approval.
24. Approved emergency lighting will be installed to provide adequate
illumination (of exit pathway) automatically in the event of any
interruption of normal lighting.
25. That the Fun Zone be posted as a "non-smoking" facility subject
to the approval of the Director of Planning.
26. That the facility shall not include billiard tables as games at
any time.
27. That a bicycle rack be located near the entrance of the Fun Zone
to prevent blockage of the door area and to secure a place to
lock customers' bicycles.
SCUP607
A