HomeMy WebLinkAboutResolution No. 98-C1380
RESOLUTION NO.9 8 -C 13 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA GRANTING AN
APPEAL OF PLANNING COMMISSION APPROVAL OF AND CONDITIONAL USE
PERMIT NO. C-98-5 CONCERNING A VIDEO GAMES ARCADE AT 310 NORTH CITRUS
AVENUE, SUITE J
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS
FOLLOWS:
WHEREAS, George Demircht and Osama Durr have applied for a Conditional Use Permit
Case No. C-98-5 to expand its billiards hall business at 310 North Citrus Avenue, Suite J, by adding
a video arcade; and
WHEREAS, the Planning Commission held a public meeting and hearing on the conditional
use permit on June 10, 1998; and
WHEREAS, on June 10, 1998, the Planning Commission adopted Resolution No.98-24
granting Conditional Use Permit No. C-98-5; and
WHEREAS, the Planning Commission's approval of the conditional use permit was appealed
to the City Council on June 30, 1998; and
WHEREAS, the basis for the appeal was that a) the proposed arcade, to be used primarily
by juveniles, was not a consistent use with the existing billiard parlor; and b) the findings made by
the Planning Commission to grant the conditional use permit were erroneous in that the conditional
use permit did present a threat to the health, safety and welfare of the community; and
WHEREAS, the City Council held an appeal hearing at its regularly scheduled City Council
meeting on July 20, 1998; and
WHEREAS, after careful and thoughtful consideration of all pertinent testimony, the staff
report, letters submitted by the public and evidence in the record, the City Council voted to grant the
appeal.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY
FIND THAT:
Section 1: The proposed arcade use is inconsistent with the ongoing billiard hall use in
that persons under the age of 18 are not permitted in a billiard hall without being in the company of
an adult parent or guardian, and because the proposed arcade use would be adjacent to the billiard
hall without a complete separation wall, juveniles will have direct access to the billiard hall. The City
Council deems this inconsistency in uses to constitute grounds for denying the conditional use permit.
RESOLUTION NO. 98-C138
APPEAL OF C-98-5
PAGE 2 OF 2
Section 2: The portion of the property to contain the proposed arcade use will contain
a single restroom for use by both male and female patrons. The City Council finds that separate
restroom facilities are needed in order to ensure the safety of persons using the arcade facility.
Section 3: Section 86-1602(b)(1)-(4) of the City's Zoning Code states that the following
finding must be made to support the issuance of a conditional use permit:
The proposed use shall not:
a. Adversely affect the health, peace, comfort or welfare of persons residing or
working in the surrounding area; or
b. Be materially detrimental to the use, enjoyment or valuation of property of others
located in the vicinity of the site; or
c. Jeopardize, endanger or otherwise constitute a menace to public health, safety or
general welfare.
Section 4: The City Council finds that the proposed arcade use in the proposed location
will adversely affect the public peace, comfort or welfare of persons using the arcade and living in the
surrounding area for the reasons stated herein above.
Section 5: This Resolution shall become final and effective as of the date it is adopted.
The City Clerk shall certify to the adoption of this resolution.
APPROVED this 3rd day of Aug • 1998.
THE CITY`9F-A7USA
I hereby certify that the foregoing is a true and correct copy of the a resolution adopted by the City Council
of the City of Azusa at a regular meeting thereof held on the 3rd day of August by the following
vote of the City Council:
4 AYES: HARDISON, STANFORD, ROCHA, MADRID
NOES: BEEBE
(U:1CC-ROCHA-GmdngorAppea]CA -5.w d)