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PC - 1982-37 - Conditional Use Permit, Regarding Amusement ArcadesPC RESOLUTION 82-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF ROSEMEAD, APPROVAL OF AN AMENDMENT TO PART XXV - CONDITIONAL USE PERMITS, REGARDING AITUSE14ENT ARCADES. _ THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: f Section 1. A public hearing was duly noticed and conducted for the amendments to the existing Conditional Use Permit Ordinance on November 15, 1982, in the Council Chambers of Rosemead City Hall,. 8838 Valley Boulevard, Rosemead, California; and notice of the time, date, place and purpose of the aforesaid.hearing was'given according to law. Section 2. A Negative' Declaration was prepared in compliance with the California Environmental Quality Act, State EIR Guidelines, and Rosemead Resolution No. 79-77, (the City's local EIR Guidelines), and public notice and review of the Negative Declaration was provided. Section 3. The Planning,Commission has reviewed and considered the Negative Declaration prepared for the proposed amendments prior to making it's decision. The Commission finds that the amendments to the Rosemead Municipal Code will not have a significant adverse effect on the environment as the amendments are minor and directed towards clarifying and strengthening the intent and meaning of the existing Ordinance. Section 4. On the basis of the foregoing findings, the Planning Commission recommends to the City Council of the City of Rosemead that Part XXV, Conditional Use Permit Zone, of the Rosemead Municipal Code, Section 9184(A) through Section 9184(A).5 be enacted and made part of the Rosemead Municipal Code. Section 5. This resolution is the result of an action taken by the Planning Commission of the City of Rosemead at it's regular meeting, held on November 15, 1982, by the following vote: AYES:;De.Cocker, Schymos, Ritchie, Lowrey, Mattern NOES: None ABSENT: None ABSTAIN: None Section 6. The secretary shall certify to the adoption of this Resolution and shall transmit copies of same to the City Clerk of the City of Rosemead. ROBERT RITCHIE, CHAIRMAN 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 it's regular meeting held on the 6th day of December 1982, by the following vote: . AYES: De Cocker, Schymos, Ritchie, Lowrey, Mattern NOES: None ABSENT: None ABSTAIN: None obert T. Dic ey S cretary • PC RESOLUTION 82-37 EXHIBIT "A" ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ESTABLISHING RULES AND REGULATIONS FOR THE ESTABLISHMENT OF ARCADES THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: Section 1: STATEMENT OF'LEGISLATIVE PURPOSE. The pur- pose of this Ordinance is to provi e criteria to safeguard property, safety, morals and the public welfare, by regulat- ing and controlling the issuance of licenses or permits for the operation of arcade establishments and devices. It is the intent of the Council to minimize any detrimental effects upon both residential and commercial neighborhood's while simultaneously permitting arcades in locations and upon con- ditions which prevent their creating burdens upon surrounding uses. Section Section 9184(A) through 9184(A).5 arc hereby enacted. and made a part of the Rosemead Municipal Code to read as follows: "Sec. 9184(A) Definitions. For the purpose of this Chapter, the following terms are defined as follows: a. Arcade establishment. Any place of business containing four (4) or more arcade devices. b. Arcade devices. All devices commonly known as "pinball machines", all "video games", games of skill of whatever kind or nature, whether electronically activated or not. As used herein, arcade device shall not include the following: 1. Coin-operated billiard tables for which a permit is required. 2. Vending machines which dispense a product. 3. Player pianos. Sec. 9184(A).1 Conditional Use Permit Required. No person shall operate an arcade ester is went in the City of Rosemead without first obtaining, in addition to all other licenses and permits required by this code, a Conditional Use Permit for such use in the manner pro- vided for in the Zoning Code of the City of Rosemead. Pursuant to section 9181(29), game arcades may only be 1 11/16/82 • . • located in Zones CBD, C-3 and M-1. Any person lawfully operating a game arcade as of the date of adoption of this Section shall be permitted to operate without such Conditional Use Permit until December 31, 1982, pro- viding all other licenses and permits have been lawfully issued for all of the games contained therein. All arcades, except those with valid Conditional Use Permits as required by this Chapter shall become nonconforming uses as defined by this Code and must be abated by December 31, 1982. Sec. 9184(A).2. Mandatory Conditions. All Condi- tional Use Permits for the use of operating an arcade shall include the following mandatory conditions. Addi- tional conditions may be imposed at the discretion of the Planning Commission or City'Council: a. Interior location and arrangement: 1. Game machines shall be located no closer than 12 inches from any wall assembly separating the arcade from any adjacent „.,-building or portion of a building.-, _Where_' ` machines are located along one.side of an aisle said aisle shall be.a minimum. of 66 inches in width and shall be unobstructed. When machines are located on both sides of aisle, the aisle shall not be less than 90 inches in width and shall be unobstructed. an 2. The maximum number of machines in any arcade shall not exceed one machine for every 25 square feet of gross floor area allotted to the arcade operations. 3. No machine may be located within 10 feet of an entrance. b. Lighting: All entrances and interior areas shall be adequately lighted. A lighting plan shall be approved by the Building Department prior to the commencement of such business. C. Lavatories: Each game arcade shall pro- vide a minimum of two (2) toilet and lavatory facilities accessible to customers, employees and business invitees. d. Hours of Operation: No game arcade shall be open for business except between the hours of 10 a.m. and 10 p.m. on Sundays through Thursday; and between the hours of 10 a.m. and 12 midnight on Fridays and Saturdays. Hours must be posted in a conspicuous place. 2 .11/16/82 e. Attendants and Security Guards: Arcades shall provide full time adult supervision as follows: 1. 1-9 machines 1 attendant 2. 10-18 machines 2 attendants 3. 19-30 machines 3 attendants plus 1 security guard 4. 31 or more machines 1 attendant for each 10 machines- plus 1 security guard for each 20 machines,or fraction thereof. Additional supervision may be imposed as a condi- tion of any permit.. Both, attendants and security guards are subject to approval of the Los Angeles County Sheriff's.Department License Detail and must be 21 years of age or more and demonstrate an absence of criminal convict ions involving gambling, minors, or breach -of'.ahe_public % peace in the'five'(5) year period preceding their employment at the arcade establishment. The Sheriffs Department may require the submission of fingerprint cards as part of the application process. Each person so employed must be approved prior to commencing employment. f. Noise Control Conditions: The following noise control conditions shall not apply to mixed uses within a single building occupancy. 1. Wall Separation - The arcade shall be separated from adjacent occupiable areas by a wall assembly extending from the floor to the roof, with a sound transmission class (STC) of at least 56, per American Society of Testing and Materials (ASTM) designations E-90 or E-336, and E-413. 2. Intrusive Noise - The operation of the arcade shall be conducted in a manner so that the intrusive sound level in adjacent occupiable areas shall not exceed the follow- ing noise standards for the cumulative periods. Cumulative period of'30 minutes in any hour, 45 d b A Cumulative period of 15 minutes in any hour 50 d b A Cumulative period of 5 minutes in any hour, 55 d b A ; Cumulative period of 1 minute in any hour, 60 d b A 3. Ambient Sound Level - If the ambient sound level within the adjacent area exceeds ^3 11/16/82 \J • the applicable standard for the cumulative period specified above, the applicable standard for that period shall be the ambient sound level. 4. Pure or Impulsive Noise - If the source of noise emits a pure or impulsive noise, the'noise standard for the applicable period shall be reduced by five (5) decibels. g. Bicycle racks: Shall be provided within 25 feet of any game arcade and must provide a total of at least two bicycle stalls for every four games located within the arcade. Bicycle racks shall not be located in any required landscaped areas, entrances, exits, walkways to buildings, driveways, within any legally required parking space, public way, or in such a fashion as to obstruct any entrance or exit to any.premises. h. Alcoholic-Beverages and Smoking: A person shall not enter, be or remain in any part of a, game arcade, area while in the possession of, consuming, using or under the influence of any alcoholic beverage or drugs. No licensee, manager or supervisory employee shall permit any such person to enter or remain in the arcade area. Smoking and the sale of tobacco products within the game arcade area shall be prohibited. A sign shall be posted inside the arcade area stating in letters at least 2 inches high: "NO SMOKING" "NO CONSUMP- TION OF ALCOHOLIC BEVERAGES". Sec. 9184(A).3. Permit Duration. No Conditional Use Permit for a game arcade shall be granted for a period longer than two (2) years, and may be extended for additional periods of not to exceed two (2) years by the granting body without a hearing: Sec. 9184(A).4. Relief from Mandatory Conditions. The Planning Commission or City Council, upon variance application only, may at the time it grants any Condi- tional Use Permit for a game arcade, modify, or delete any condition otherwise required by this Section. In granting such variance, the findings shall also include that: (1) said condition imposes an undue hardship upon the applicant; and (2) the requirement is, as applied to the proposed business location, unnecessary for the protection of the health, safety or welfare of the public, the patrons of the establishment or surrounding residences or businesses. Sec. 9184(A).5- Additional Considerations and Con tions. During its review of an application.for an awe conditional use permit, the Planning Commission 4 11/16/82 or City Council shall also specifically review the compatibility of the proposed arcade with accessory or principal uses on the same premises. The Commission or City Council shall also review the proposed premises as to exterior visibility for security purposes.- .The Planning Commission and/or City Council may impose any additional conditions upon the granting of any such Conditional Use Permit, which, it determines are necessary or,desirable to effectuate the purposes set forth in this Ordinance." Section 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, phrase and word thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, phrases or words be declared invalid or unconstitutional. PASSED, APPROVED and ADOPTED this day of 1982. MAYOR ATTEST: CITY CLERK 5 11/16/82.