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HomeMy Public PortalAboutResolution 95-34401 1 1 RESOLUTION NO. 95 -3440 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DENYING CONDITIONAL USE PERMIT 95 -1228 TO ALLOW AN ARCADE USE WITHIN AN EXISTING COMMERCIAL BUILDING IN THE WEST COMMERCIAL (WC) DISTRICT OF THE DOWNTOWN SPECIFIC PLAN. (LAU/YU) THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE: SECTION 1. Based upon testimony received at a noticed public hearing before the City Council and upon facts contained in the Planning Commission Minutes and staff report dated June 13, 1995; and for reasons summarized by the City Attorney as set forth in the same minutes; and for each, every and all of the reasons set forth in the remarks of each councilman as set forth in the minutes of the City Council meeting dated July 18, 1995, the City Council fmds: CONDITIONAL USE PERMIT 1. That the site for the proposed use is not adequate in size, shape, topography and circumstances in that the subject lot consists of only 9,000 square feet of area and 50 feet of street frontage, with very limited parking at the rear of the site in proximity to residential apartments; and 2. That the site does not have sufficient access to streets and highways, adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use in that egress and ingress are limited to a single driveway curb cut from Las Tunas Drive, a primary street with a 100 foot right -of -way and a 70 foot roadway; and 3. That the proposed use will have an adverse effect upon the use, enjoyment or valuation of adjacent or neighboring properties and upon the public welfare in that the proposed arcade is in proximity to several residential uses, which are likely to be adversely impacted by noise and congestion. Additionally, testimony was received at the public hearing indicating a concern about minors congregating at the location, which could contribute to or result in possible policing problems. SECTION 2. In addition and specifically, the Council fmds and determines: 1. That the City Planner recommends in his report to the Council (hereby incorporated in full) against such use at such location as an overuse of property which will bring excesses in parking and neighborhood problems; and 2. That the neighbors both business and residential have demonstrated by credible evidence (which the Council finds to be substantially correct) that such use (which might well be acceptable at another location) is not appropriate at this location in that arcades are known to draw crowds of juveniles (acknowledged by some of the supporters) which in turn will in the experience of the Council with other arcades cause noise, congestion, parking and access problems in the compact arena proposed for this use, even though the applicant's representative offered at the meeting to reduce the total number of arcade (electronic) game machines from 31 to 20. SECTION 3. This project should result in no significant affects upon the environment and a negative declaration has been prepared in accordance with the State CEQA Guidelines. The initial statement as prepared indicates that there is no potential for adverse impact to the environment as it relates to all wild animals, birds, plants, fish, amphibians and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. SECTION 4. Accordingly, for each, every and all of the reasons set forth herein, Conditional Use Permit 95 -1228 is hereby denied. SECTION 5. The City Clerk shall certify to passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED ON 18TH DAY OF JULY, 1995. MAYOR ATTEST: I hereby certify that the foregoing Resolution, Resolution No. 95 -3440 was adopted by the City Council of the City of Temple City at a regular meeting held on 18th day of July, 1995 by the following vote: AYES: Councilman - Budds, Gillanders, Souder, Wilson, Breazeal NOES: Councilman -None ABSENT: Councilman -None 6ty&11/( /airLc? ✓ 1 1 1