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HomeMy Public PortalAbout89-006RESOLUTION NO. 89-n06 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON APPROVING CONDITIONAL USE PERMIT NO. 353-88 The City Council of the City of Carson hereby finds, determines and resolves as follows: Section 1. An application was duly filed by ENP, Inc. requesting Conditional Use Permit No. 353-88 to install an arcade with computer game machines within an existing shopping center located at 23401 through 23417 South Main Street, which is in the CG -D (Commercial, General -Design Overlay Review) zoned district. Section 2. On September 13, 1988 and September 27, 1988, the Planning Commission conducted a duly noticed public hearing at which evidence, both written and oral, was presented to and considered by said Commission. Following the public hearing on September 27, 1988, the Planning Commission denied the application. Section 3. Pursuant to Section 9173.4 of the Carson Municipal Code, a notice of appeal of the Planning Commission's decision was timely filed. On November 1, 1988 and November 15, 1988, the City Council held a duly noticed public hearing to consider the appeal. Evidence, both written and oral, was presented to and considered by the City Council at said hearing, At the conclusion of the public hearing, the City Council announced its decision to reverse the Planning Commission decision and to approve the application for the conditional use permit. Section 4. The City Council finds that: a. The proposed arcade facility will be located on property which is developed with a shopping center and fast food restaurant. The property to the west is vacant and is zoned multiple -family residential and the property to the south is zoned for and developed with single-family residences. The proposed use and development as an arcade facility is consistent with the general plan and surrounding area. b. The proposed arcade will be located within an unoccupied 1,296 square foot tenant space and will contain approximately thirty-two (32) computer game machines. There will be adequate street access, traffic capacity and space for parking and required bicycle racks. Accordingly, the site is adequate in size and location to accommodate the proposed arcade facility. c. Carson Municipal Code Section 9138.4 provides special requirements for arcade facilities. The conditions of approval attached hereto as Exhibit "A" require that the proposed arcade facility be operated consistent with the provisions of Section 9138.4. 881130 jb m-car.024 Section 5. Based on the aforementioned findings, the City Council hereby reverses the decision of the Planning Commission and grants Conditional Use Permit No. 353-88, with respect to the property described in Section 1 hereof, subject to the conditions set forth in Exhibit "A" attached hereto. PASSED, APPROVED and ADOPTED this 3rd day of January 198 . Mayor ATTEST: City APPROVED AS TO FORM: Assistant City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing resolution, being Resolution No. 89-006 was duly and regularly adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 3rd day of January 1989, and that the same was so passed and adopted by the following vote: AYES: COUNCIL MEMBERS: Anderson, DeWitt, Mitoma and Calas NOES: COUNCIL MEMBERS: Muise ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None -2- 881130 Jb m-cer.024 JkR 4r City Clerk, City f Cars n, California WX SII -ii.dW.W CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 353-88 1. All activities associated with the arcade shall be conducted within an enclosed building. 2. The interior walls in common with another business establishment, shall be soundproofed to a minimum rating of 50 STC (Sound Transmission Class). 3. A minimum of one (1) bicycle rack space shall be provided for every three (3) amusement machines. Such bicycle parking shall not be located in the public right-of-way or the required parking area or obstruct any pedestrian walkway. The management shall ensure that all bicycles are parked only in the bicycle rack and are not left in such a manner that they present a hazard to pedestrians entering or leaving the premises. 4. At least one (1) adult attendant or supervisor shall be present within the arcade area at all times during business hours. 5. Management shall prevent loitering and obstruction of pedestrian traffic in front of the arcade or amusement center by clientele of the premises. 6. No machine shall be played between 1:00 a.m. and 6:00 a.m. except as necessary for normal maintenance work. 7. The office area and restrooms shall remain locked and permission to use them granted only by management. However, access to all restroom facilities shall be available during business hours. 8. No person under eighteen (18) years of age shall be allowed on the premises where the machines are located after 10:00 p.m. on any day unless accompanied by parent or guardian. 9. The permittee shall comply with all of the provisions of Sections 63107 through 63107.3 of the Carson Municipal Code. 10. The applicant shall conform to the floor plan identified as Exhibit C-1. 11. That this permit is granted for the operation of thirty two (32) computerized game machines. 12. That the applicant shall file an Affidavit of Acceptance with the Community Development Department within thirty (30) days of receipt of the City Council's Resolution. The applicant shall record said Affidavit and these conditions of approval in the Office of the Los Angeles County Recorder, and proof of such recordation shall be submitted to the Community Development Department within thirty (30) days of receipt of the City Council's Resolution. 13. It is further made a condition of this approval that if any conditions hereof is violated of in any law, statute, or ordinance, the permit shall lapse, provided the applicant has been given written notice to cease such violation, and has failed to do so for a period of thirty (30) days. 14. That all buildings, grounds, parking areas, and landscaping shall be maintained in a neat and orderly manner. 15. That the applicant shall comply with all City, County, State and Federal regulations. 16. That this permit shall be declared null and void if the arcade ceases to operate for a period of 180 days. 17. That this permit is granted for a period of five (5) years from the date of approval by the City Council. The applicant must either cease operation or apply for a new Conditional Use Permit ninety (90) days prior to this Conditional Use Permit's expiration. The Conditional Use Permit will be subject to the approval of the Planning Commission. 18. There shall be at least one (1) security_ guard present on the subject property during the arcade hours of operation. 19. No person under the age of eighteen (18) shall be permitted to play any amusement or game machine during the hours of 8:00 a.m. and 2:30 p.m. on any day in which the public schools are in regular (non -summer) session. 20. Failure to comply with the regulations provided by this Section shall be cause for immediate suspension or revocation of the permit pursuant to Section 6383 of this Chapter. 21. The arcade hours of operation shall be from 11:00 a.m. to 10:00 p.m. from Sunday through Thursday and 11:00 a.m. to 12 a.m. on Friday and Saturday. 28/16/hg