The URL can be used to link to this page

01-08-2002 - Code Amendment #01-01 - Game ArcadesCity of West Covina • • Memorandum TO: Andrew G. Pasmant, City Manager AGENDA and City Council ITEM NO. 13-1 FROM: Douglas N. McIsaac, Planning Director DATE January 8, 2002 SUBJECT: CODE AMENDMENT NO.01-01 GAME ARCADES SUMARY: The proposed code amendment consists of certain amendments to Chapter 26 (Zoning) and Chapter 5 (Amusements) of the West Covina Municipal Code related to game arcades. BACKGROUND: On May 8, 2001, the Planning Commission held a study session to consider options for amending the Zoning Code with respect to game arcades. This was in response to concerns expressed by the Planning Commission that the current regulations regarding game arcades are too stringent and should be amended. On August 14, 2001, the Planning Commission recommended approval of Code Amendment No. 01-01 to generally make the Zoning Code regulations regarding game arcades less restrictive. The City Council reviewed the Code Amendment on November 6, 2001. At that meeting, the consensus of the Council was that some of the revisions proposed by the Planning Commission removed safeguards that would help to prevent problems from occurring with the operation of game arcades. The Council referred the code amendment back to the Planning Commission for further consideration. The Planning Commission reviewed the item at their meeting of December 11, 2001. DISCUSSION: Game arcade regulations are located in Chapter 26, Article XII, Division 9 (Games Arcades) and in Chapter 5, Article V (Games of Skill or Science) of the West Covina Municipal Code. In Chapter 26, the zoning section of the code, definitions, process, and standards are established. Chapter 5 is the amusements ' section of the Municipal Code where business license procedures of game arcades are established. Currently, the Zoning Code requires the approval of a conditional use permit for all main use game arcades. Where game arcades are an accessory use to another type of business (such as a restaurant), a conditional use permit is required for four or more games. The Zoning Code also requires specific development standards that must be met (such as minimum distance from schools and requirement for alarm installation), mandatory conditions of approval (nine conditions), and optional conditions of approval (five conditions). The zoning regulations requiring discretionary review and approval for game arcades were first adopted in 1982. Game arcades are one of a number of uses that, because of their unique characteristics, are considered to need discretionary review before approval. Game arcades tend to attract younger school age patrons and there may be potential for issues such as noise, truancy, loitering, and curfew violations. In addition to allowing the opportunity to place appropriate conditions on the operation of game arcades, the discretionary review process also provides an opportunity to assure that a proposed game arcade, is properly located and adjusted for compatibility with surrounding businesses and neighborhoods. The most recent code amendment regarding game arcades was adopted in 1999. That amendment modified the requirement that game arcades be located a minimum distance of 1,000 feet from schools. The amendment changed the measurement to "path of travel" rather than a straight line. City Council Direction and Planning Commission Response On November 6, 2001, the City Council considered the proposed revisions recommended by the Planning Commission. The Council formed a consensus on five points and referred the ZACase Files\CODE AMEND\2001101-01TOStaff Rpt.CC1.02.doc Code Amendment No. l Game Arcades it January 8, 2002- Page 2 0 M issues back to the Planning Commission. Listed below are the points of consensus provided by the Council and the response by the Planning Commission. 1. The number of games allowed by right for accessory use game arcades should be lowered from 9 to 6. The Planning Commission agreed that more than six games as an accessory use in a smaller business could have an impact, but that this was less likely to be the case in- a larger -size business. Based on that, the Commission recommended that six games be allowed by right (with no discretionary permit required), when the business is less than 5,000 square feet. For businesses with 5,000 square feet or greater, nine games should be allowed by right. The Commission recommended this change by a vote of 4-1. Commissioner Schueplein felt that the original Commission recommendation was appropriate. 2. -The restriction on juveniles less than sixteen years of age prior to 1:30 p.m. should be retained. The Commission felt that the current requirement was difficult to enforce, due to the fact that there are several different public school districts, private schools, and children who are home schooled within the City of West Covina. The school districts often have different schedules of days off and minimum school days. Because of this, not all students maintain the same the same school attendance program and it would be difficult for an arcade operator to know if a student was there at a time when he/she should be in school. The Commission therefore voted 5-0 to maintain its recommendation that the restriction be removed. 3. The restriction on children under twelve years of age not admitted without an adult should be retained. The Commission's concern on restricting children less than twelve years of age was that it is difficult for business owners to determine the ages of children. Children of that age group do not have any identification, making it difficult for business owners to monitor and regulate the condition. Additionally, many accessory game arcades are associated with food service, and such a restriction might limit the business's ability to serve younger patrons. The Commission therefore voted 5-0 to maintain its recommendation that the restriction be removed. 4. The requirement that sound created by the arcade should not be detected from the exterior should be retained. The Planning Commission discussed the City's Noise Ordinance and concern for restricting all noise from being heard from the exterior of the business. The City's Noise Ordinance is considered to be violated when noise levels are increased by five or more decibels above the ambient noise level. The Commission felt that the requirement for game arcades should be revised to be similar to the Noise Ordinance. This would be a compromise recommendation between the Commission's original recommendation of deleting the restriction and the suggestion by the City Council that it be retained. The Commission voted 3-2 to recommend the following condition: "The noise level outside the subject business shall not exceed the ambient noise level by more than five decibels." In dissenting, Commissioners Scheuplein and Tarozzi indicated that many businesses create noise and game arcades should not be singled.out, and that it should be up to the landlord to decide and deal with the tenant mix. S. The condition stating that upon transfer of ownership the conditional use permit would become null and void should be retained. On this current condition, staff consulted with the City Attorney so as to provide a legal opinion. Conditional use permits create a vested right which runs with the land (or property). Case law has established that new business cannot be required to obtain a new conditional use permit, if one currently exists at the site, as the conditional use permit runs with the land. Therefore, when a new owner purchases a game arcade, they are required to follow the conditions of approval that were originally approved by the Planning Commission. If they ZACase Files\CODE AMEND\2001\01-01\CC\Staff Rpt.CC1.02.doc Code Amendment No. l • Game Arcades January 8, 2002- Page 3 would like to have conditions changed, the applicant would need to apply for a revision to the Conditional Use Permit. It, would be up to the discretion of the Planning Commission to determine if the conditions should be revised. The condition has therefore not been included in the proposed resolution. The Commission additionally discussed some of the issues mentioned by individual Council members. One Councilmember raised the issue as to whether the required separation between game arcades and schools should be decreased from 1,000 feet to 300 feet as recommended by the Commission. The Commission had mixed reactions to this concern, but reached consensus in retaining its recommendation of a separation requirement of 300 feet since there are numerous schools in the City in close proximity to commercial centers. The Commission believed that having a 1,000-foot separation requirement would restrict business opportunities in those centers. An issue was also raised by one Councilmember regarding the recommendation by the Commission to reduce the minimum age for arcade attendants from 21 years to 18 years. The Planning Commission felt that 18-years olds would generally be responsible enough to monitor arcade games and that the decision should be left to the business owner. Lastly, the Commission felt that there was no need to revise the attendant requirements to one per room as there is a condition requiring all games to be in a plainly visible location and allowing video cameras to provide further monitoring capabilities. The Planning Commission further suggested a condition restricting individuals who had been convicted of a felony against a minor from receiving a conditional use permit to operate a game arcade. This condition has been added to the mandatory conditions. For ease of reference, listed below are the zoning standards and requirements for game arcades, along with the Planning Commission's original recommended amendments, and the revised recommendations following the Commission's latest reconsideration on December 11, 2001. The issues commented on by the .City Council on November 6, 2001, are shaded. Procedure Typeof Game Arcade Current Standard Original i Planning Commission Recommendation Planning Commission Recommendation Use CUP required - - ArcadeMain Game g. of number of games. d � Accessory Use Game . u e ' , as ® e oil �� e r . to o e as ®a�� a a .,aa •:u Arcade ' •, aa- ' o • ® • ', g,� ° • a �•� .1 era i4,a�}�A� IN 0 "� � �� a F �� ` � v t*4` �p�y� ."�'F°.z I'R�'�t4�r5,v,s �^q+°a1� a iPt., "'r+� qa "`' a � �pp � �� y s aYrr't�,*Sjd�`.<e• tl • 9 �� i r ".� �. Yv '�L�« `ir e�,�' "•6'.a-`�-o�`o'�;,! �.�,q"'Sz 3t,`¢ m� & � .n. �Uy ,.,,,r � 6 ��1'. -� � �r@1 �f�*.,,�, y�'1 Regulations Current Standard Original Revised Planning Commission Planning Commission Recommendation Recommendation Specific No arcade within 1,000 No arcade within 300 No change. Development feet of a school entry feet of a school entry Standards through 12th grade. through 12th grade. ZACase Files\CODE AMEND\2001\01-01\CC\Staff Rpt.CC1.02.doc Code Amendment No. Of Game Arcades January 8, 2002- Page 4 Mandatory Conditions of Approval Current Standard Original Planning Commission Recommendation Revised Planning Commission Recommendation Alarm system required. I No requirement. I No One attendant over 21 years of age per 25 games; two for a main use or accessory use game arcade. Review of main use operation required every six months for first two years. Transfer of ownership requires new CUP. Hours restricted from 10:00 a.m. to 10:00 p.m. for main use game arcade. Extended hours can be granted after 10:00 D.M. No requirement. One attendant over 18 years of age for 1-15 games; two for 16-50 games, and one additional attendant for every 25 games over 50 games. Review of main use operation required after the first six months of . operation. No requirement Hours restricted from 8:00 a.m. to 10:00 P.M. for main use game arcade. Extended hours can be granted after 10:00 D.M. All games to be located in a plainly visible area for ease of monitoring. (Video camera allowed per AUP or CUP) No change No change. No change, per City Attornev direction. No change. No change. Z:\Case Files\CODE AMEND\2001\01-01\CC\StaffRpt.CC1.02.doc Code Amendment No 01 Game Arcades 6 0 January 8, 2002- Page 5 Current Standard Original Revised Planning Commission Planning Commission Recommendation Recommendation Optional Review of accessory Review of accessory use No change. Conditions of use operation required operation required after Approval every six months for the first six months of first two years. operation. Bike racks required, No requirement. No change. one half per machine. Parking requirements Parking requirements No change. can be determined by can be determined by CUP. CUP. _ Windows to allow an Windows to allow an No change. unobstructed view. unobstructed view. Accessory use game Accessory use game No change. arcade hours of arcade hours of operation, if they differ operation, if they differ from main use. from main use. The proposed changes to Chapter 5 (amusements) were not modified. The changes in Chapter 5 deal with changes in terminology that reflects the terms used in Chapter 26. PLANNING COMMISSION DISCUSSION AND ACTION: The Planning Commission reconsidered the code amendment on December 11, 2001 as previously described in this report. The Commission voted 3-2 (Commissioners Schueplein and Tarozzi voting no) to approve the revisions and recommend approval to the City Council. FISCAL IMPACT: The proposed code amendment would not have any direct fiscal impact, but would allow businesses more flexibility in the provision of arcade games. RECOMMENDATION: It is recommended by the Planning Commission and staff that the City Council introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 5 (AMUSEMENTS) AND CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO "GAME ARCADES" (CODE AMENDMENT NO.01-01) Prepared by: S lanner Jeff Anderson Reviewed and approved by: Douglas . McIsaac Planni Director ZACase Files\CODE AMEND\2001\01-01\CC\Staff Rpt.CC1.02.doc • City of West Covina Memorandum TO: Andrew G. Pasmant, City Manager and City Council FROM: Douglas N. McIsaac, Planning Director SUBJECT: CODE AMENDMENT NO.01-01 GAME ARCADES AGENDA ITEM NO. B-1 DATE January 8, 2002 SUMARY: The proposed code amendment consists of certain amendments to Chapter 26 j (Zoning) and Chapter 5 (Amusements) of the West Covina Municipal Code related to game arcades. BACKGROUND: On May 8, 2001, the Planning Commission held a study session to consider options for amending the Zoning Code with respect to game arcades. This was in response to concerns expressed by the Planning Commission that the current regulations regarding game arcades are too stringent and should be amended. On August 14, 2001, the Planning Commission recommended approval of Code Amendment No. 01-01 to generally make the Zoning Code regulations regarding game arcades less restrictive. The City Council reviewed the Code Amendment on November 6, 2001. At that meeting, the consensus of the Council was that some of the revisions proposed by the Planning Commission removed safeguards that would help to prevent problems from occurring with the operation of game arcades. The Council referred the code amendment back to the Planning Commission for further consideration. The Planning Commission reviewed the item at their meeting of December 11, 2001. r" DISCUSSION: Game arcade regulations are located in Chapter 26, Article XII, Division 9 (Games Arcades) and in Chapter 5, Article V (Games of Skill or Science) of the West Covina Municipal Code. In Chapter 26, the zoning section of the code, definitions, process, and standards are established. Chapter 5 is the amusements section of the Municipal Code where business license procedures of game arcades are established. Currently, the Zoning Code requires the approval of a conditional use permit for all main use game arcades. Where game arcades are an accessory use to another type of business (such as a restaurant), a conditional use permit is required for four or more games. The Zoning Code also requires specific development standards that .must be met (such as minimum distance from schools and requirement for alarm installation), mandatory conditions of approval (nine conditions), and optional conditions of approval (five conditions). The zoning regulations requiring discretionary review and approval for game arcades were first adopted in 1982. Game arcades are one of a number of uses that, because of their unique characteristics, are considered to need discretionary review before approval. Game arcades tend to attract younger school age patrons and there may be potential for issues such as noise, truancy, loitering, and curfew violations. In addition to allowing the opportunity to place appropriate conditions on the operation of game arcades, the discretionary review process also provides an opportunity to assure that a proposed game arcade is properly located and adjusted for compatibility with surrounding businesses and neighborhoods. The most recent code amendment regarding game arcades was adopted in 1999. That amendment modified the requirement that game arcades be located a minimum distance of 1,000 feet from schools. The amendment changed the measurement to "path of travel' rather than a straight line. City Council Direction and Planning Commission Response On November 6, 2001, the City Council considered the proposed revisions recommended by the Planning Commission. The Council formed a consensus on five points and referred the ZACase Files\CODE AMEND\2001\01-01\CC\Staff Rpt.CC1.02.doc . 4 Code Amendment No. 01 Game Arcades January 8, 2002- Page 2 issues back to the Planning Commission. Listed below are the points of consensus provided by the Council and the response by the Planning Commission. 1. The number of games allowed by right for accessory use game arcades should be lowered from 9 to b. The Planning Commission agreed that more than six games as an accessory use in a smaller business could have an impact, but that this was less likely to be the case in a larger -size business. Based on that, the Commission recommended that six games be allowed by right (with no discretionary permit required), when the business is less than 5,000 square feet. For businesses with 5,000 square feet or greater, nine games should be allowed by right. The Commission recommended this change by a vote of 4-1. Commissioner Schueplein felt that the original Commission recommendation was appropriate. 2. The restriction on juveniles less than sixteen years of age prior to 1: 30 p.m. should be retained. The Commission felt that the current requirement was difficult to enforce, due to the fact that there are several different public school districts, private schools, and children who are home schooled within the City of West Covina. The school districts often have different schedules of days off and minimum school days. Because of this, not all students maintain the same the same school attendance program and it would be difficult for an arcade operator to know if a student was there at a time when he/she should be in school. The Commission therefore voted 5-0 to maintain its recommendation that the restriction be removed. 3. The restriction on children under twelve years of age not admitted without an adult should be retained. The Commission's concern on restricting children less than twelve years of age was that it is difficult for business owners to determine the ages of children. Children of that age group do not have any identification, making it difficult for business owners to monitor and regulate the condition. Additionally, many accessory game arcades are associated with food service, and such a restriction might limit the business's ability to serve younger patrons. The Commission therefore voted 5-0 to maintain its recommendation that the restriction be removed. 4. The requirement that sound created by the arcade should not be detected_ from the exterior should be retained. The Planning Commission discussed the City's Noise Ordinance and concern for restricting all noise from being heard from the exterior of the business. The City's Noise Ordinance is considered to be violated when noise levels are increased by five or more decibels above the ambient noise level. The Commission felt that the requirement for game arcades should be revised to be similar to the Noise Ordinance. This would be a compromise recommendation between the Commission's original recommendation of deleting the restriction and the suggestion by the City Council that it be retained. The Commission voted 3-2 to recommend the following condition: "The noise level outside the subject business shall not exceed the ambient noise level by more than five decibels." In dissenting, Commissioners Scheuplein and Tarozzi indicated that many businesses create noise and game arcades should not be singled out, and that it should be up to the landlord to decide and deal with the tenant mix. 5. The condition stating that upon transfer of ownership the conditional use permit would become null and void should be retained. On this current condition, staff consulted with the City Attorney so as to provide a legal opinion. Conditional use permits create a vested right which runs with the land (or property). Case law has established that new business cannot be required to obtain a new conditional use permit, if one currently exists at the site, as the conditional use permit runs with the land. Therefore, when a new owner purchases a game arcade, they are required to follow the conditions of approval that were originally approved by the Planning Commission. If they ZACase Files\CODE AMEND\2001\01-01\CC\Staff Rpt.CC1.02.doc Code Amendment No. 010 • Game Arcades January 8, 2002- Page 3 would like to have conditions changed, the applicant would need to apply for -a revision to the Conditional Use Permit. It would be up to the discretion of the Planning Commission to determine if the conditions should be revised. The condition has therefore not been included in the proposed resolution. The Commission additionally discussed some of the issues mentioned by individual Council members. One Councilmember raised the issue as to whether the required separation between game arcades and schools should be decreased from 1,000 feet to 300 feet as recommended by the Commission. The Commission had mixed reactions to this concern, but reached consensus in retaining its recommendation of a separation requirement of 300 feet since there are numerous schools in the City in close proximity to commercial centers. The Commission believed that having a 1,000-foot separation requirement would restrict business opportunities in those centers. An issue was also raised by one Councilmember regarding the recommendation by the Commission to reduce the minimum age for arcade attendants from 21 years to 18 years. The Planning Commission felt that 18-years olds would generally be responsible enough to monitor arcade games and that the decision should be left to the business owner. Lastly, the Commission felt that there was no need to revise the attendant requirements to one per room as there is a condition requiring all games to be in a plainly visible location and allowing video cameras to provide further monitoring capabilities. The Planning Commission further suggested a condition restricting individuals who had been convicted of a felony against a minor from receiving a conditional use permit to operate a game arcade. This condition has been added to the mandatory conditions. For ease of reference, listed below are the zoning standards and requirements for game arcades, along with the Planning Commission's original recommended amendments, and the revised recommendations following the Commission's latest reconsideration on December 11, 2001. The issues commented on by the City Council on November 6, 2001, are shaded. Procedure Original Revised Type of Current Standard Planning Commission Planning Commission Game Arcade I Recommendation Recommendation Main Use CUP required Game Arcade regardless of number of games. Accessory Use Game Arcade Regulations No change. No change. Current Standard Original Revised Planning Commission Planning Commission Recommendation Recommendation Specific No arcade within 1,000 No arcade within 300 No change. Development feet of a school entry feet of a school entry Standards through 12th grade. through 12th grade. Z:\Case Files\CODE AMEND\2001\01-01\CC\Staff Rpt.CC1.02.doc Code Amendment No. 01 Game Arcades January 8, 2002- Page 4 Current Standard Original Revised Planning Commission Planning Commission Recommendation Recommendation Alarm system required. No requirement. No change. Mandatory r .re . H?;itie:s-s?££i'v._Y :j.;.aE. T :. C':i �!{�%��::::9,��; .F„' :.,��;:v�:{z-s:z£"::d : „i✓ ....i... .,xz, i'z .....:,f gg�.�.v:::e.: : �Y::::33{4:f:,•q'jp»z:: :qxr+ x... £.3 (--',�iii3H:!:.:gw' &I%(�, - .;_rg -J : Conditions of ��,.,, w� : .� 3 z�x ;E:. :33;!m;,1,3',J}--f:;:: ,:, £33�,,, -�"..:,fifth„' h��a:EW£{'-.F'is3 •13...3... #rr-:., rz,,,s.. ,, ..i�� : v3 v.. {("_..:�: x;r%:.; ,,i .::3-?-:s:.�:;;.:Hii:,. �.{'i. ,... :,.:Yz'b :.. .,, ,✓ ^ E+ �,:_...s{ 3 iussr ,:x.n, ., x:i ...� ;y.:_.,,,z.x�,r.:. :? J;:;., y.:!:,. gy?{[� _..,. J, 3N 4{zii � r-fJ,'',. E; ;, 3 :_��.,;gf-: . Y. 3, .; k n •:ix,?i5.t z'9�3E� r'v:.v:-:..z,:sf;?i. : :F-,H?di3� n.. 'S`m.....E. ,. .v_........i. .. , ,,..�.;; Approval z::-::-:z.�.•r,F;3EEEF3�.rP,`_ 3 h 3 3z � ii!,z,2%�x:siv!.�[:,. ::6.:H'a:; xr 3 f d 3 Eli9 'M" T f ✓33::' P rases, S�sO`z.f,: '{.v ' .SP, r�;3-fz?':.}:z ",x,; ., : ?„j 3Hx?`: ,:::. , -„ ,.,.,_3,___: , ••: :.,:�3:33a?;}:3:--,,;£, „r H,:?3i!rni:"'££:!vz;sL3339Ho',33.,t �� 33 �� $,:z::?::,,. ,,,J.....::,',�,: r9s:%:rl..,,axr-u-,-Ll: :_ 1,::;lq:ht✓,:,_,i„^ :xE, .. �.;;,..: - i . ., f' �o ire` s��ne }under�lf yH3i � .,: a:::(�::.3:..,_:, H:;;,,,�a�u�m33;_....;, v"�' .:...,, �� i 10,��.�equtrernex�,.�� 3 dH� Y3 ...a', :x:- .. u, �..,. F }✓��iif'•,!,_'�'g',ui..t;;".. u�eznent� .w.sFx ;: s:,:,x,...�-E•::n3� '� �;v!F;�;;��br{. :, x.•4, ,,,. ,,,_:,, s ., ,,, .a. x,.., _,..:,:. ,. ,-z,.....�... 5: '3� ,....", 3.:rds, ,,,, ,. e.,r._,.. "a,., x,., ±={e-x::-•::::,.E, .-.-.:--:£: : L .:u._x:r.E..3, :-::m::x-q," rev;,.. :::£Y +3:�;•;�3' E, i- _, .. , .. :1....,-z, r„i:a- t91zz::cH:::. ✓!z3:,: z ?., xz- „_ ..: ;:::3�;j: ;,3Y,3;;,.r,,xr,;.n ,.. �._....z ........ ��:��,..,,,....n Rii�Y �...,.. :E q�i3,ie. i,._ ..x_:;z:::3:1x :: x:.,.x.",.t',zs__,. ..F,`,!C_'-xx:n Y. �. ,,.__i, ,zs:,,.::..:.: a:... _...x, ,z :!::e-�_ :.kx+"sx:-.: .. �:'. 2j 3. � :;:.;z:,, 33. ,s,331 - q� ..z!El.,a . ,:Ei:.v. "£'u'"f.-(r�,,;3i:!'r£g ixn:%�rT — £'et'E•. ,F £::iFa: ,i gff ., -: zi�`�' �.3, .z : : ... ............ ....i, i,,.,.... g .::;,{^*, _,::r-.:;::r 9, o,n,.m..,.. esra .., ...,,,_",z,,,. 7' ..^ .. ,v..#.r,,. ,. ... .... ,. „ „ ::. `!{.,..,,,.,. J:.,s.,.. ,,, � .......,.v...:....z_:C.,n„�:s.z.�»:.....a.3_......._._:u.�:::::::�E:a::x:::xers::��::1.4:vzz .,,. �. v...,... ,.. ..w_z.„e,.y•^3 -9-�x:. : _R.E;;, •. v ebv.._,.. "u, �3 a:: r3:;x::fr ay.:x: r,......4. ......, - •:i.3 e3:Eg;;;;c;i!... F,.;;:..:Y ,.. :�s � �_. .:... .. -,.":-- .,. c, ,,:, 3.....,::::-Fa4,. . .:,,, �iF ...:.�i, x�,�.�,,.,."v,, ,..,..,,. �.. ........... .�i, x�..:::z:x:;..^,,•: ,3, vz,: --::'A ��?i?��i xE�,r,:,. ;rsz:t�n - ::z3.i?;"e 3.•.' �,..9::.r :{ 33s{{ : a.:,Hili?;iz ,.: ;'. 3. -YYs _., ,.:�:,,;i�'-. .�_ ?3ink-_3 :, W. '. ✓:3.q., yl:;::i:: 3zz-}5z-: :'•3 °. >nE :z:.x J�,:E ... fLr�$�:,rl:-�:n:Ei: /j�.;,33.z,.„ z;..;H,;.^„ .:�� , z�z"..:, zq Cu...z,..,_.:!..x:.._,.: ,:,,:.... One attendant over 21 One attendant over 18 No change years of age per 25 years of age for 1-15 games; two for a main games; two for 16-50 use or accessory use games, and one game arcade. additional attendant for every 25 games over 50 games. Review of main use Review of main use No change. operation required operation required after every six months for the first six months of first two years. operation. Transfer of ownership No requirement. No change, per City requires new CUP. Attorney direction. Hours restricted from Hours restricted from No change. 10:00 a.m. to 10:00 8:00 a.m. to 10:00 p.m. p.m. for main use game for main use game arcade. Extended hours arcade. Extended hours can be granted after can be granted after 10:00 P.M. 10:00 P.M. £ £ �-t:�- ,i'S3 3'�,k'i3 �- {�.:, '� 3 ,� 3" r� >•' 4, ✓{ ' 3 i; E'ir '� {�4C! 3- !33 F �✓ � ,s� £ € �'Tf-' L {i 3 33 -'-r, £ E., �. A" �f cflund fr011��ntenor, No regwremtenfi.' x ' '' 3Therno> se level 0 3 3utside£'z E u, ,r, xjj��'' +i�•3i.�£_3:!- c: .. .,. ,_r;z, .,.:., k., , o• l�eE b� 3�he� E33!3 { ,J.£,,....,, i .:3333..:1 4i3., vl.v...:,,r'J,�: :3I:1r.. �seL..._t:dil!:: z xz:::izz.::�::::!- �ggq.��y§i ! �'tF� j 3 j� / IY .,,*�sy'� i � 3 � E Hi s3 x:,,e:-,::::; .u; rL:, N,(rv. %:,.v x:,,: :,vn';x3 : d :.. �' p(1 n � Y3 }� k: � d �n�� E � 3 :{ �`i kE)i�.'Ffi �i�A �` 3(:>u-M1� S{S�3 ��3� E � 43i,• b 3 � ! :F k E f Igf i£f{a�d{r�'^T x �� b ,Eh,+,. 31 f �� Z �}r �s3 � � 33�3�'•K� �i fi�e� QiX v✓{L . �� £ i i`f. i 0 >3 �' SY� f Nov, 3�31i H � �i � 3L' 3! 3 � � �{'�}{ 3 p �S'ar� ,: iK,�'H,.n. 4E E 3 3�33 �xifl P i- '+ x.,s3!3 I 4{�. 3:�U;tia�}• �i1r €¢3 a,�✓ �,�t i z1C'{'9{� r�JH Y:j�3. q r,( �i ; , .. H, ..... E 3 .3, Y ,R I-eH3{i3�Jcuz k.�yj'�i'. h t p {p1:`�H >• 3°p 35z# oit� No requirement. 3H ,. All games to be located No change. in a plainly visible area for ease of monitoring. (Video camera allowed per AUP or CUP) t _ dui A 5di Nzx `ice - A nN ,� - S Iw t �` G y _... �o requirement J No requirement a No person conyctedof� a felony agaanst, m>nor r i df rr s 'fin r hall be 'ranted 3 = . xc� a� .a s 3 � ,,: , ��conditlonal use permit r ..�N .... . . .. . ...... :. a ame area _ Z:\Case Files\CODE AMEND\2001\01-01\CC\Staff Rpt.CC1.02.doc Code Amendment No. A Game Arcades January 8, 2002- Page 5 Current Standard Original Revised Planning Commission Planning Commission Recommendation Recommendation Optional Review of accessory Review of accessory use No change. Conditions of use operation required operation required after Approval every six months for the first six months of first two years. operation. Bike racks required, No requirement. No change. one half per machine. Parking requirements Parking requirements No change. can be determined by can be determined by CUP. CUP. Windows to allow an Windows to allow an No change. unobstructed view. unobstructed view. Accessory use game Accessory use game No change. arcade hours of arcade hours of operation, if they differ operation, if they differ from main use. from main use. The proposed changes to Chapter 5 (amusements) were not modified. The changes in Chapter 5 deal with changes in terminology that reflects the terms used in Chapter 26. PLANNING COMMISSION DISCUSSION AND ACTION: The Planning Commission reconsidered the code amendment on December 11, 2001 as previously described in this report. The Commission voted 3-2 (Commissioners Schueplein and Tarozzi voting no) to approve the revisions and recommend approval to the City Council. FISCAL IMPACT: The proposed code amendment would not have any direct fiscal impact, but would allow businesses more flexibility in the provision of arcade games. RECOMMENDATION: It is recommended by the Planning Commission and staff that the City Council introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 5 (AMUSEMENTS) AND CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO "GAME ARCADES" (CODE AMENDMENT NO.01-01) Prepared by: i S Tanner Jeff Anderson Reviewed and approved by: Douglas . McIsaac Planni Director ZACase Files\CODE AMEND\2001\01-01\CC\Staff Rpt.CC1.02.doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 5 (AMUSEMENTS) AND CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO "GAME ARCADES" (CODE AMENDMENT NO. 01-01) WHEREAS, Code Amendment No. 01-01 is a City -initiated code amendment related to game arcades; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 14th day of August, 2001, conduct a duly advertised public hearing as prescribed by law, at which time the Planning Commission adopted Resolution No. 01-4689 recommending to the City Council approval of Code Amendment No. 01-01; and WHEREAS, the City Council considered evidence presented by the Planning Commission, Planning Department, and other interested parties at a duly advertised public hearing on the 2nd day of October, 2001 and the 6`h day of November, 2001; and WHEREAS, the City Council referred the code amendment back to the Planning Commission, for further consideration on the 61h day of November, 2001; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 1 lth day of December, 2001, conduct a duly advertised public hearing as prescribed by law, at which time the Planning Commission adopted Resolution No. 01-4706 recommending to the City Council approval of Code Amendment No. 01-01; and WHEREAS,' the City Council considered evidence presented by the Planning Commission, Planning Department, and other interested parties at a duly advertised public hearing on the 8`h day of January, 2002; and WHEREAS, studies and investigations made by this Council and in its behalf reveal the following facts: 1. The City of West Covina currently allows for Game Arcades to be operated in the City as either a main use or an accessory to another use. A main use requires a conditional use permit. An accessory use with four or more games also requires a conditional use permit. 2. The code also places certain requirements on the owner of these types of businesses that they have little control of. 3. Due to the nature of the business of game arcades, Chapter 5 and Chapter 26 of the West Covina Municipal Code (Zoning) should be amended to allow for more games to be. permitted without the need of a conditional use permit. 4. The code should also be amended to eliminate control measures that place a burden on the business owner. 5. The proposed action is considered to be -exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the proposed action consists of a code amendment which does not have the potential for causing a significant effect on the environment. NOW, THERFORE, the City Council of the City of West Covina, California, does hereby ordain as follows: Z:\Case Files\CODE AMEND\2001\01-01\CC\Ordinance.1.08.doc 3 0 • Ordinance No. Code Amendment No. 0 1 -0 1 Game Arcades January 8, 2002 - Page 2 SECTION NO. 1: Based on the evidence and the findings set forth, Code Amendment No. 01-01 is hereby found to be consistent with the West Covina General Plan and the implementation thereof. SECTION NO. 2: The proposed action is considered to be exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the proposed action consists of a code amendment which does not have the potential for causing a significant effect on the environment. SECTION NO. 3: The City Council of the City of West Covina hereby amends Chapter 5 and Chapter 26 of the West Covina Municipal Code to read as shown on Exhibit "A." SECTION NO. 4: The City Clerk shall certify to the passage of this Ordinance `and shall cause the same to be published as required by law. PASSED AND APPROVED on this 8th day of January 2002. Mayor ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF WEST COVINA ) I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 8th day of January 2002. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 2002. AYES: NOES: ABSENT: APPROVED AS TO FORM: City Attorney City Clerk Z:\Case Files\CODE AMEND\2001\01-01\CC\Ordinance.1.08.doc EXHIBIT A CHAPTER 5 AMUSEMENTS DIVISION 2. PERMIT Sec.5-82. Required. (a) No person shall keep/maintain or possess in his place of business one or more games of skill and science or allow the operation, maintenance, conduct or carrying on of any game of skill and science without having first obtained a permit therefore as herein provided (b) If the applicant desires a permit for the purpose of operating, maintaining or conducting games of skill and science as a business in an appropriate commercial zone and not as an accessory use to the main use of the premises for an established business, no permit shall be issued pursuant to this part until the applicant has been issued any required zoning permits pursuant to the provisions of chapter 26, article XII, division 9 of this Code. " use, shall emery to be annessei=y to the eper- Lien of an established business within the -r-n-o—aning of this seGtion if the, 'Gant seeks a permit for m^ e than three (3) games e f (Code 1960, § 6361; Ord. No. 1307, § 1, 7-26-76; Ord. No. 1933, § 1(Amd. 285, Exh. 1), 4-5-94) See.5-83. Application. (a) Filing. The holder of a conditional use permit f^r a FeGreation renter (pr-ivate) or the holder of a business license for the main use of the premises for an established business issued by the city who desires to keep, maintain or possess in his place of business one (1) or more games of skill or science shall file an application for a permit with the city license collector. (b) Signature and verification. Such application shall be filed in the name of the person or business entity holding the unshed conditional use permit or administrative use permit, if any, or the holder of a business license for the main use of the premises for an established business and shall be signed and verified by an individual applicant, by a partner if a partnership, and by a corporate officer if a corporation. CHAPTER 26 ZONING i . ARTICLE VI Procedures, Hearings, Notices, Fees and Cases Section 26-206. Notices (d) For administrative use permits b. 300 foot noticing radius: Notices shall be mailed to the property owners and occupants of the subject site and all properties located within a radius of three hundred (300) feet of the exterior boundaries of the subject site in the case of applications for the following purposes: large expansion and maximum unit size exception, retaining walls, and building and roof-. mounted wireless telecommunication antennae facilities and accessory use game arcades. ARCTICLE X Non residential zones Section 26-597. Service, trade, cultural, public and private uses (except industrial or manufacturing). R A R 1 M F 8 M F 1 5 M F 2 .0 M F 4 5 O P N C R C S C C 2 C 3 M 1 I P P A R P B O S Accessory Game Arcades with x x - a a - c c x. x - a a - c c x x - a a - c c x x - a a - c c x x - a a - c c x x - a a - c c less than 5,000 square feet, less than 6 games (see art. XII, div. 9) Accessory Game Arcades with 5,000 square feet or greater, less than 9 games (see art. XII, div. 9 Accessory Game Arcades with less than 5,000 square feet, 9 to 15 games (see art. XII, div. 9) Accessory Game Arcades with 5,000 square feet or greater, 9 to 15 games (see art. XII, div. Accessory Game Arcades, more than 15 games (see art. XII, div. 9) Game Arcades (see art. XII, div. 9 ARTICLE XII Special Regulations for Unique Uses DIVISION 9. GAME ARCADES Section 26-685. Purpose. The purpose of this division is to permit the operation of game arcades, billiard parlors and pool halls, providing recreation for the citizens of West Covina while guaranteeing the protection of community and surrounding property, and to reduce the impact on the property on which the arcade, billiard parlor or pool hall, is located, thereby reducing the need and call for public services, through consideration of physical treatment and compatibility with the community and surrounding property. (Ord. No. 1557, § 5, 9-27-82; Ord. No. 1910, § 2, 10-13-92) Section 26-685.2. Definitions. (a) Game arcade, main use. Any place of business containing one (1) or more games of skill or science not as an accessory to a main use. (b) Game arcade, accessory use. A use , containing f.,,,' mor-e coin -operated games of skill or science (as defined in sections 5-72--5-91 of the, West Covina Municipal Code), and then-eby, ,-equ;r;„R a rendit;enal use, „o,mit asgw a iin section 5-.82(b) of the West Covina which is secondary or incidental to another use. (c.) Billiards: Billiard and pool games shall mean any of the several games on a table (including those coin -operated), surrounded by an elastic ledge or cushions, with balls which are intended to be propelled by cues. (d) Billiard parlor, main use. Any place containing billiard tables not as an accessory to a main use. (e) Billiard parlor, accessory use. A use accessory to a main use, containing four (4) or more billiard tables, and, thereby, requiring a conditional use permit (1) An accessory use billiard parlor containing three (3) or less billiard tables is permitted to operate without a conditional use permit as herein provided. (f) Unless otherwise specified, "game arcades" means either accessory use game arcades or main use game arcades, and "billiard parlors" means either accessory use billiard parlors or main use billiard parlors. (Ord. No. 1557, § 5, 9-27-82; Ord. No. 1910, § 2, 10-13-92; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 2030, § 4, 4-20-99) . Section 26-685.4. Procedure. (a) Game arcades, and billiard parlors, may be established only in the zones as specified in section 26-597. (b) Game Arcades shall be subject to the granting of the following permits: (1) No zoning permit shall be required for an accessory game arcade, with less than 5,000 square feet, containing one (1) to six (6) coin -operated games of skill or science. (2) No zoning permit shall be required for an accessory game arcade, with 5,000 square feet or greater, containing one (1) to nine (9) coin -operated games of skill or science (3) An accessory game arcade, with less than 5,000 square, containing seven (7) to fifteen (15) coin -operated games of skill or science shall be subject to the granting of an administrative use permit as specified in Article VI, Division 5 of this chapter and based on the findings contained in Section 26-247 of this chapter. (4) An accessory game arcade, 5,000 square feet or greater, containing ten (10) to fifteen (15) coin -operated games of skill or science shall be subject to the granting of an administrative use permit as specified in Article VI, Division 5 of this chapter and based on the findings contained in Section 26-247 of this chapter. (5) An accessory game arcade with more than fifteen (15) coin -operated games of skill or science shall be subject to the granting of a conditional use permit as specified in Article VI, Division 3 of this chapter. (6) A main use game arcade is permitted to operate with the approval of a conditional use permit as specified in Article VI, Division 3 of this chapter. (4W A conditional use permit shall be obtained prior to establishing a r billiard parlor, (as specified in article VI, division 3 of this chapter). (-) (d) The development standards of the zone in which this use is to be located shall apply (as specified in article X, division 3 of this chapter), unless this section specifically permits or prohibits otherwise. (Ord. No. 1557, § 5, 9-27-82; Ord. No. 1910, § 2, 10-13-92; Ord. No. 1933, § 1, (Amd. 258, Exh. 1), 4-5-94) Section 26-685.5. Reserved. Section 26-685.6. Game Arcade Regulations. (a) Specific development requirements for a game arcade: (1) No arcade shall be located within three hundred (300) feet of a public or private school conducting classes between first and twelfth grades. The distance shall be measured over a pedestrian path of travel from the nearest customer entrance of the arcade to the nearest accessible portion of any school property. (b) Conditions of approval of a conditional use permit or administrative use permit for a an accessory use or main use game arcade: (3-)-fD One (1) attendant, eighteen (18) years of age or older, is required for main use of accessory use game arcades with one (1) to fifteen 15games every t:ve^ ; -five (25) games; two (2) attendants minimum required for game arcades with sixteen (16) to fifty (50) games; and one additional attendant for every twenty-five (25) games over fifty (50) games. (4 QReview of a main use game arcade the operation permitted by the conditional use permit is required evei3, after six (6) months f4 , nPrigd' of twe (2` years, beginning on the date of the start of operation. of a min use, game arrade. (51 The Go Zt CIl nal use, r11PnRit shah 11P/ 111Y1P li�f 7Hn veil 11pen transfPY 4 � � eyl Prod or any ether i—AA Pat in thiP . aP nPrmitted Y of axx7-vcxxox xxxccrcaczxrcazv-avvYvrm=rcv�r. (64 (3) The conditional use permit may be revoked, amended or suspended by the planning commission under the provisions of section 26-253 of the West Covina Municipal Code. (7� (4) Licenses or permits as required in chapter 5, article V and chapter 14 of the West Covina Municipal Code shall be obtained prior to the start of the operation of the use. (-9) (5) Main use game arcade business hours: 8:00 a.m. to 10:00 p.m. The planning commission may approve extended hours of operation under certain circumstances; but in any case, after 10:00 p.m. attendance shall be limited to adults and minors accompanied by a parent or legal guardian. (6) The noise level outside the subject tenant space, shall not exceed the ambient noise level by more than five decibels. (7) All games shall be located in a plainly visible location so that the area can be monitored by the employees of the business. A video camera may be used to meet this requirement if approved by administrative use permit or conditional use permit. (8) No person convicted of a felony against a minor shall be granted approval of a conditional use permit to operate a game arcade.. (c) Such other conditions as deemed by the planning commission to reasonably relate to the purpose of this division, such as but not mandatory or limited to: (1) Review of th-e an accessory, use game arcade operation permitted by the conditional use permit is required ev4eiT after six (6) months for- a period of twe (2) ye beginning on the date of the start of operation. of an araraesso;y use, game, arGade. (--3) (2) Automobile parking requirements to be determined per conditional use permit depending on the type of main use, location or if it is a main use arcade. (4) (3) Windows shall be maintained to allow an unobstructed view of the interior. -(-5) (4) Accessory use game arcade business hours, if different from business hours of the main use. (Ord. No. 1557, § 5, 9-27-82; Ord. No. 1910, § 2, 10-13-92; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 2030, § 4, 4-20-99) u PLANNING COMMI S SION RESOLUTION NO.01-4706 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF CODE AMENDMENT NO. 01-01 RELATED TO GAME ARCADES WHEREAS, on May 8, 2001, the Planning Commission held a study session regarding game arcades, and initiated a code amendment regarding said matter; and WHEREAS, based on information provided at the study session, the Planning Commission directed staff to draft a code amendment to modify the Game Arcade section of the Municipal Code, and WHEREAS,.the Planning Commission, upon giving the required notice, did on 14`h day of August, 2001, conduct a duly advertised public hearing as prescribed by Iaw and recommended approval to the City Council; and WHEREAS, the City Council, upon giving the required notice, did on the 6`h day of November, conduct a duly advertised public hearing. as prescribed by law and referred proposed code amendment to the Planning Commission to make changes, and WHEREAS, the Planning Commission, upon giving the required notice, did on I l `h day of December, 2001, conduct a duly advertised public hearing as prescribed by law and recommended approval to the City Council; and WHEREAS, studies and investigations made by this Commission and in its behalf reveal the following facts: 1. The City of West Covina currently allows for Game Arcades to be operated in the City as either a main use or an accessory to another use. A main use requires a conditional -use permit. An accessory use with four or more games also requires a conditional use permit. 2. The code also places certain requirements on the owner of these types of businesses that they have little control of. 3. Due to the nature of the business of game arcades, Chapter 5 and Chapter 26 of the West Covina Municipal Code (Zoning) should be amended to allow for more games to be permitted without the need of a conditional use permit. 4. The code should also be amended to modify control measures that place a.burden on the business owner. 5. The proposed action is considered to be exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the proposed action consists of a code amendment, which does not have the potential for causing a significant effect on the environment. NOW THEREFORE, the Planning Commission of the City of West Covina does resolve as follows: ' SECTION NO. 1: Based on the evidence presented and the findings set forth, Code Amendment No. 01-01 is hereby found to be consistent with the West Covina General Plan and implementation thereof. SECTION NO. 2: Based on the evidence presented and- the findings set forth, the Planning Commission of the City of West Covina hereby recommends to the City Council of the City of West Covina that it approve Code Amendment No. 01-01 to amend Chapter 26 (Zoning) and Chapter 5 (Amusements) of the West Covina Municipal Code to read as shown on Exhibit "A." ZAResos\014706.doc Planning Commission Resolution No Code Amendment No. 0 1 -0 1 December 11, 2001- Page 2 SECTION NO.3: The Secretary is instructed to forward a copy of this Resolution to the City Council for their attention in the manner as prescribed by law. I HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning Commission of the City of West Covina, at a regular meeting held on the 1 Ith day of December, 2001, by the following vote. AYES: Lane, York, Warshaw NOES: . Schueplein, Tarozzi ABSTAIN: None 1 ABSENT: None DATE: December 11, 2001 1 William J. Tarozzi, a Amari Planning Commis o rdD s N. McIsaac, Secretary arming Commission ZAResos\01-4706.doc 0 0 EXHIBIT A CHAPTER 5 AMUSEMENTS DIVISION 2. PERMIT, See.5-82. Required. (a) No person shall keep/maintain or possess in his place of business one or more games of skill and science or allow the operation, maintenance; conduct or carrying on of any game of skill and science without having first obtained a permit therefore as herein provided (b) If the applicant desires a permit for the purpose of operating, maintaining or conducting games of skill and science as a business in an appropriate commercial zone and not as an accessory use to the main use of the premises for an established business, no permit shall be issued pursuant to this part until the applicant has been issued any required zoning permits pursuant to the provisions of chapter 26, article XII, division 9 of this Code. ^ -ase-shaU R the me ing Of this SeGtioa if the, ap4irant seek -h e (3) games -of be deemed to be, aGeesse -,4 sk�� one cn nnnn .+aaaa asa: — QYvi1w; (Code 1960, § 6361; Ord. No. 1307, § 1, 7-26-76; Ord. No. 1933, § 1(Amd. 285, Exh. 1), 4-5-94) Sec.5-83. Application. (a) Filing. The holder of a conditional use permit or the holder of a business license for the main use of the premises for an established business issued by the city who desires to keep, maintain or possess in his place of business one (1) or more games of skill or science shall file an application for a permit with the city license collector. (b) Signature and verification. Such application shall be filed in the name of the person or business entity holding the conditional use permit or administrative use permit, if any, or the holder of a business license for the main use of the premises for an established business and shall be signed and verified by an individual applicant, by a partner if a partnership, and by a corporate officer if a corporation. CHAPTER 26 ZONING ARTICLE VI Procedures, Hearings, Notices, Fees and Cases Section 26-206. Notices (d) For administrative use permits b. 300 foot noticing radius: Notices shall be mailed to the property owners and occupants of the subject site and all properties located within a radius of three hundred (300) feet of the exterior boundaries of the subject site in the case of applications for the following purposes: large expansion and maximum unit size exception, retaining walls, and building and roof - mounted wireless telecommunication antennae facilities and accessory use game arcades. 0 ARCTICLE X Non residential zones Section 26-597. Service, trade, cultural, public and private uses (except industrial or manufacturing). R A R 1 M F 8 M F 1 5 M F 2 0 M F 4 5 O P N C R C S. C C 2 C 3 M 1 I P P A R P B O S Accessory Game Arcades with x x a a c c x x a a c c x x a a c c x x a a c c x z a a c c x x a a c c less than 5,000 square feet, less than 6 games (see art. X11, div. 9) Accessory Game Arcades with 5,000 square feet or greater, less than 9 games (see art. X11, div. 9 Accessory Game Arcades with less than 5,000 square feet, 9 to 15 games (see art. Xll, div. 9) _Accessory game Arcades with 5,000 squark feet or greater, 9 to 15 games (see art. X11; div. 9) Accessory Game Arcades, more than 15 games (see art. X11, div. 9) Game Arcades (see art. X11, div. 9 ARTICLE XII Special Regulations for Unique Uses DIVISION 9. GAME ARCADES Section 26-685. Purpose. The purpose of this division is to permit the operation of game arcades, billiard parlors and pool halls, providing recreation for the citizens of West Covina while guaranteeing the protection of community and surrounding property, and to reduce the impact on the property on which the arcade, billiard parlor or pool hall, is located, thereby reducing the need and call for public services, through consideration of physical treatment and compatibility with the community and surrounding property. (Ord. No. 1557, § 55 9-27-82; Ord. No. 1910, § 2, 10-13-92) Section 26-685.2. Definitions. (a) Game arcade, main use. Any place of business containing one (1) or more games of skill or science not as an accessory to a main use. (b) Game arcade, accessory use. A use acraessery to a main usej containing faur{4) 9 more coin -operated games of skill or science (as defined in sections 5-72--5-91 of the West Covina Municipal Code), , Code. which is secondary or incidental to another use. 0 (c) Billiards: Billiard and pool games shall mean any of the several games on a table (including those coin -operated), surrounded by an elastic ledge or cushions, with balls which are intended to be propelled by cues. (d) Billiard parlor, main use. Any place containing billiard tables not as an accessory to a main use. (e) Billiard parlor, accessory use. A use accessory to a main use, containing four (4) or more. billiard tables, and, thereby, requiring a conditional use permit (1) An accessory use billiard parlor containing three (3) or less billiard tables is permitted to operate without a conditional use permit as herein provided. (f) Unless otherwise specified, "game arcades" means either accessory use game arcades or main use game arcades, and "billiard parlors" means either accessory use billiard parlors or main use billiard parlors. (Ord. No. 1557, § 5, 9-27-82; Ord. No. 1910, § 2, 10-13-92; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 2030, § 4, 4-20-99) Section 26-685.4. Procedure. (a) Game arcades, and billiard parlors, may be established only in the zones as specified in section 26-597. (b) Game Arcades shall be subject to the granting of the following permits: (1) No zoning permit shall be required for an accessory game arcade, with less than 5,000 square feet, containing one (1) to six (6) coin -operated games of skill or science. (2) No zoning permit shall be required for an accessory game arcade, with 5,000 square feet or greater, containing one (1) to nine (9) coin -operated games of skill or science (3) An accessory game arcade, with less than 5,000 square, containing seven 7 to fifteen 15 coin -operated games of skill or science shall be subject to the granting of an administrative use permit as specified in Article VI, Division 5 of this chapter and based on the findings contained in Section 26-247 of this chapter. 4 An accessory game arcade 5,000 s uare feet or greater, containing ten 10 to fifteen (15) coin -operated games of skill or science shall be subject to the granting of an administrative use permit as specified in Article VI, Division 5 of this chapter and based on the findings contained in Section 26-247 of this chapter. (5) An accessory game arcade with more than fifteen (15) coin -operated. games of skill or science shall be subject to the granting of a conditional use permit as specified in Article VI, Division 3 of this chapter. (6) A main use game arcade is permitted to operate with the approval of a conditional use permit as specified in Article'VI, Division 3 of this chapter. (40c A conditional use permit shall be obtained prior to establishing a gam de -or billiard parlor, (as specified in article VI, division 3 of this chapter). (s) () The development standards of the zone in which this use is to be located shall apply (as specified in article X, division 3 of this chapter), unless this section specifically permits or prohibits otherwise. 0 (Ord. No. 1557, § 5, 9-27-82; Ord. No. 1910, § 2, 10-13-92; Ord. No. 1933, § 1, (Amd. 258, Exh. 1), 4-5-94) Section 26-685.5. Reserved. Section 26-685.6. Game Arcade Regulations. (a) Specific development requirements for a game arcade: (1) No arcade shall be located within three hundred (300) feet of a public or private school conducting classes between first and twelfth grades. The distance shall be measured over a pedestrian path of travel from the nearest customer entrance of the arcade to the nearest accessible portion of any school property. r. • 01MON-2im". W (b) Conditions of approval of a conditional use permit or administrative use permit for a an accessory use or main use game arcade: Sunday, holidays and s -Gations. No one under- twelve, O)-fD One (1) attendant, eighteen (18) years of age or older, is required for main use of accessory use game arcades with one (1) to fifteen 15 ames ; two (2) attendants minimum required for game arcades with sixteen (16) to fifty (50) games; and one additional attendant for every twenty-five (25) games over fifty (50) games (4 (DReview of a main use game arcade the operation permitted by the conditional use permit is required every after six (6) months for- a period of beginning on the date of the start of operation. game arcade: (6) f�) The conditional use permit may be revoked, amended or suspended by the planning commission under the provisions of section 26-253 of the West Covina Municipal Code. (7) (4) Licenses or permits as required in chapter 5, article V and chapter 14 of the West Covina Municipal Code shall be obtained prior to the start of the operation of the use. (9) (5) Main use game arcade business hours: 8:00 a.m. to 10:00 p.m. The planning commission may approve extended hours of operation under certain circumstances; but in any case, after 10:00 p.m. attendance shall be limited to adults and minors accompanied by a parent or legal guardian. (6) The noise level outside the subject tenant space, shall not exceed the ambient noise level by more than five decibels. 0 (7) All games shall be located in A_plainly visible location so that the area can be monitored by the employees of the business A video camera may be used to meet this requirement if approved by administrative use permit or conditional use permit. (c) Such other conditions as deemed by the planning commission to reasonably relate to the purpose of this division, such as but not mandatory or limited to: (1) Review of the an accessory use game arcade operation permitted by the conditional use permit is required every after six.(6) months for a-p€riod of twe (2) yea c, beginning on the date of the start of operation. of an acres use g rsade. (3) Automobile parking requirements to be determined per conditional use permit depending on the type of main use, location or if it is a main use arcade. (44 Q Windows shall be maintained to allow an unobstructed view of the interior. { Accessory use game arcade business hours, if different from business hours of the main use. (Ord. No. 1557, § 5, 9-27-82; Ord. No. 1910, § 2, 10-13-92; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 2030, § 4, 4-20-99) City of West Covina Memorandum AGENDA Item No. C-3 Date: 12-11-01 TO: Planning Commission FROM: Planning Department SUBJECT: CODE AMENDMENT NO.01-01 GAME ARCADES SUMARY: The proposed code amendment consists of certain amendments to Chapter 26 (Zoning) and Chapter 5 (Amusements) of the West Covina Municipal Code related to game arcades. BACKGROUND On May 8, 2001, the Planning Commission held a study session to consider options for amending the Zoning Code with respect to game arcades. At that study session, the Planning Commissioners provided staff with direction in revising the game arcades section of the Municipal Code. The Planning Commission held a public hearing on August 14, 2001 at which time they recommended approval of modifications to the code and forwarded the proposal to the City Council. The City Council reviewed the Code Amendment on November 6, 2001. At that meeting, the consensus of the Council was that the proposed amendment did not have enough safeguards to ensure that problems would not occur. The Council referred the code amendment to the Planning Commission for further consideration. DISCUSSION Game arcade regulations are located in Chapter 26, Article XII, Division 9 (Games Arcades) and in Chapter 5, Article V (Games of Skill or Science) . of the West Covina Municipal Code. In Chapter 26, the zoning section of the code, definitions, process, and standards are established. Chapter 5 is the amusements section of the code where business licensing procedures of game arcades are established. Currently, the games arcades section requires a conditional use permit for all main use games arcades. Where games arcades are an accessory use to another type of business (such as a restaurant), a conditional use permit is required to allow four or more games. The code then requires specific development standards that must be met prior to any review by the Planning Commission (such as distance from schools and alarm installation), mandatory conditions of approval (9 conditions), and optional conditions of approval (5 conditions). The most recent amendment to the game arcade ordinance was completed in 1999. That amendment modified the distance requirement. Prior to the amendment, the code prohibited game arcades within 1,000 feet of schools. The amendment changed the measurement to "path of travel' rather than a straight line. COUNCIL DISCUSSION The four Council members involved in the discussion (Councilmen Touhey withdrew due to a conflict of interest) presented their concerns at the Council meeting of November 6, 2001. The items where there was consensus were as follows: • The number of games allowed by right for accessory use game arcades should be lowered from 9 to 6; and ZACase FilesTODE AMEND\2001\01-01\PC\GameArcadesSR12.1 l.doc Code Amendment Games Arcades December 11, 2001- Page 2 • The restriction on juveniles under sixteen years of age prior to _1:30 p.m. should be retained; and • The restriction on children under twelve not admitted without an adult should be retained; and • The condition stating that upon transfer of ownership the conditional use permit would become null and void should be retained; and • The requirement that sound created by the arcade should not be detected from the exterior should be retained. In regards to the existing condition requiring a new conditional use permit upon transfer of ownership, staff has consulted with the City Attorney. Conditional use permits create a vested right which runs with the land (or property). Therefore, when a new owner purchases a game arcade, they are required to follow the conditions of approval that were originally approved by the Planning Commission. If they would like to have conditions revised, the applicant would then have to submit a new Conditional Use Permit to have the original conditions revised. It would ultimately be up to the Planning Commission to determine if the conditions should be revised. Therefore, based on the City Attorney's recommendation, that condition is not highlighted below. The standards where the Council suggested changes are shaded on the charts below. Procedure Type of Game Arcade Current Standard Proposed Standard Council Proposal Main Use CUP required Same as current. Same as current. Game Arcade regardless of number of games. Accessory ° .i �R °" ""�a+'k�Y 3 games No 1 gaffes, No gefM i fi� No e a e Use Game permit. 10 1S ames AUP Q`..._ fi 15 Arcade 4 4+ g53 Ames � CIJ 1 b+games SCUP dames a , I' '.?'y} ......... } L ff � 6 � 'e�� .. .. `{• ,f"'RK, „'NI 4 �A,B :� . 'R� .LGJ�C�'L'Vf �£ M`23'x` Regulations Z:\Case Files\CODE.AMEND\2001\01-01TOGameArcadesSR12.1 I.doc Code Amendment Games Arcades, December 11, 2001- Page 3 One attendant over 21 One attendant over 18 No change years of age per 25 years of age for 1-15 games; two for a main games; two for 16-50 use or accessory use games, and one game arcade. additional attendant for every 25 games over 50 games. Review of main use Review of main use No change. operation required operation required after every six months for the first six months of first two years. , operation. Transfer of ownership No requirement. No change, per City requires new CUP. Attorney direction. Hours restricted from Hours restricted from No change. 10:00 a.m. to 10:00 8:00 a.m. to 10:00 p.m. p.m. for main use game for main use game arcade. Extended hours arcade. Extended hours can be granted after, can be granted after 10:00 p.m. 10:00 P.M. UP No requirement. All games to be located ..N No change. in a plainly visible area for ease of monitoring. (Video camera allowed per AUP or CUP) Optional Review of accessory Review of accessory use No change. Conditions of use operation required operation required after Approval every six months for the first six months of first two years. operation. Bike racks required, No requirement. No change. one half per machine. Parking requirements Parking requirements No change. can be determined by can be determined by CUP. CUP. Windows to allow an Windows to allow an No change. unobstructed view. unobstructed view. Accessory use game Accessory use game No change. arcade hours of arcade hours of operation, if they differ operation, if they differ from main use. from main use. Z:\Case Files\CODE AMEND\2001\01-01W\GameArcadesSR12.1 Ldoc Code Amendment Games Arcades December 11, 2001- Page 4 11 In addition, listed below are other comments made by individual Council members. These are provided for the Commission's consideration; however, they have not been incorporated into the revised draft code amendment since there was no clear consensus on the part of the entire Council. • The 1,000-foot separation between schools and arcade uses should be retained; and • Arcade attendants should be 21 years of age or older (rather than the proposed 18 years of age); and • There should be a requirement for one attendant per room, rather than just per number of machines. • That a public hearing (i.e. CUP) should be required for a lesser number of games than that required under the current proposal (16 games). Additionally, there was discussion about restricting the number of arcade games allowed as . accessory uses by type of business (liquor store, donut shop, etc.) and restricting the number of games based on the square footage of the tenant space. These points were made in relation to the proposal to permit nine games as accessory uses without discretionary review. By reducing the number of games permitted from nine games to six games, these concerns may be reduced or eliminated. The proposed changes to Chapter 5 (amusements) were not modified. The changes in Chapter 5 deal with changes in terminology that reflects the terms used in Chapter 26. RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution recommending to the City Council the approval of Code Amendment No. 01-01. Je erson, AICP S r Planner REVIEWED AND APPROVED: ZACase Files\CODE AMEND\2001\01-01\PC\GameArcadesSR12.1 l.doc r SAN GABRIEL VALLEY TRIBUNE affiliated with SGV Newspaper Group 1210 N. Azusa Canyon Road West Covina, CA 91790 STATE OF CALIFORNIA County of Los Angeles 13 6. A)- lopaue udruw Fur use or t,uunty t,lerr, umyl FEB 0 4 2002 CITY CLERK'S OFFICE CITY OF WEST COVINA PROOF OF PUBLICATION (2015.5 C.C.P.) I am a citizen of the United States, and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of SAN GABRIEL VALLEY TRIBUNE, a newspaper of general circulation which has been adjudicated as a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, on the date of September 10, 1957, Case Number 684891. The notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 12/28/01 I declare under penalty of perjury that the foregoing is true and correct. Executed at West Covina, LA Co. California this 8 day of D=MRPR 20 Q]` . signature 25 Proof of Publication of NOTI CITY, ;. jrC CODE. GENEI A-0PLI REQU arc( The effect on the envi If You wish -to, taken oh the-n limited to raising you (or someone this public' he THE. PUBLI PLACE 4' DATE' If You have ar contact Jeff .4 Room 208, at.I Only through your goverr Publish: Dece San Gabriel V ►RING NA CITY dated to game nent is; exempt the California Act (CEQA)` I (b) M of the t consists of .a' does not' have a significant the cction(s) :you may be e' Issues, which used orally at In written f,.the City,at.or. 3 "I.WILL -BE' Gina City Hall ,t Garvey' ,; >outh v bune e you to 4-8422 or Ion can City. .1 D *24488