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Ordinance - 1557ORDINANCE NO. 1557 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE, CHAPTER 5, ARTICLE II and CHAPTER 26, ARTICLES II, XI AND XII, AS THEY RELATE TO GAME ARCADES, IN THE ICON -RESIDENTIAL ZONES AND CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT THEREFOR. (Amendment No. 169) 0 The City Council of the City of West Covina does ordain as follows: SECTION 1: Chapter 5, Article II, Section 5-16 of the West Covina Municipal Code, "Bi-lliar Room" definition is hereby amended to read as follows: Billiard Room: Billiard room shall mean that portion of any public place set aside for, devoted to or used in connection with the playing of the game of billiards, pool or snooker where a fee is charged, which is directly or indirectly conditioned upon or relate:' to the playing of any such game except coin operated pool tables that are an accessory use to a main use or part of a game arcade shall be deemed games of skill and science subject to the regulations of Chapter 5, Article V of the West Covina Municipal Code. SECTION 2: Chapter 26, Article II of the West Covina Municipal Code is hereby amended by adding Section 26-92.5 to read as follows: Section 26-92.5 - Recreational Center (Private) "Recreational center (private) means or is any use, on a site or enclosed in a building, that is operated by private enterprise and open to the public to provide recreation services or facilities such as but not limited to, tennis, racketball, skateboard courses and is • not listed separately in Section 26-597 as a use allowed by right or with an unclassified use permit, such as billiard parlors, bowling alleys, dance halls, game arcades, golf courses, gymnasiums, race tracks, skating rinks, slot cars and theaters. L SECTION 3: Chapter 26, Article XI, Section 26-597 of the West Covina Municipal Code is hereby amended by adding "Gavle Arcades" to read as follows: Game Arcades Article.XII, Division 9 M M M M P R R F F F F 0 N C R S C C M I A P 0 A 1 8 15 20 45 P C C C C 2 3 1 P R B S u u u u u u u SECTION 4: Chapter West Covina Munic i -,a1 Code is Center" to read as follows: Recreational Center (Private) (Except uses listed individually- 4n Section 26-597)� 26, Article Xr, Section 26-597 of the hereby amended by amendi_ q "Recreatio al M M M M P R R F F F F O N C- R S C C M I A P 0 A l 8 15 20 45 P C C C C 2 3 1 P R B S u u u u u u u u u u u u u u SECTION 5: Chapter 26, Article XII.of the West Covina Municipal Code is hereby amended by adding -Division 9 to read as follows: Division 9. Game Arcades Section 26-685. Purpose • The purpose of this division is to permit the operation of game arcades 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 is located, thereby reducing the need and call for public services, through consideration of physical treatment and compatibility with the community and surrounding property. Section 26-685.2 Definitions a. Game arcade - main use: Any place of business employing one or more games of skill or science not as an accessory to a main use. b. Game arcade - accessory use: A use accessory to a main use, employing the number of games of skill or science requiring an unclassified use permit as stated in Section 5-82(b) of the West Covina Municipal Code. Section 26-685.4 Development Standards and Conditions a. Game arcades may be established only in the zones as specified in Section 26-597. • b. An unclassified use permit shall be obtained prior to establishing a game arcade (as specified in Article VI, Division 3 of this Chapter). The application shall include a precise plan (as spec- ified in Article VI, Division 2). C. 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. d. Specific development requirements: 1. No arcade shall be located within 1,000 feet of a public or private school conducting classes between first and twelfth grades. 2. Provide a burglar, robbery alarm system operated in con- formance to the West Covina Municipal Code, Chapter 4.5. e. Conditions of approval of an unclassified use permit for a game arcade: 1. No admittance of juveniles under 16 years of age until 1:30 p.m. except on Saturday, Sunday, Holidays and school vacations. • 2. No one under twelve years of age admitted unless supervised by an adult. 3. One attendant, 21 years of age or older, is required for every 25 games. Two attendants minimum required for a main use or accessory use game arcade. - 2 - 4. Review of the operation permitted by the unclassified use permit is required every six months for a period of two years, beginning on the date of the start of operation of a main use game arcade. 5. The unclassified use permit shall become null and void upon transfer of ownership or any other interest in the use permitted. 6. The unclassified 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. 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. 8. Main use game arcade business hours: 10:00 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. 9. No sound created by the arcade or its patrons shall be detected from the exterior of the arcade or from adjacent stores or offices. f. 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 operation permitted by the unclassified use permit is required every six months for a period of two years, beginning on the date of the start of operation of an accessory use game arcade. • 2. Bike rack stalls: One-half per machine. 3. Automobile parking requirements to be determined per unclassified use permit depending on the type of main use, location or if it is a main use arcade. 4. Windows shall be maintained to allow an unobstructed view of the interior. 5. Accessory use game arcade business hours, if different from business hours of the main use. . SECTION 6: The City Council does hereby find and declare that the Negative Declaration of Environmental Impact for the project, as recommended for certification by the Planning Commission after notice of public hearing, is adequate and has been prepared in accordance with the California Environmental Impact Guidelines, and is hereby certified accordingly by the City Council. SECTION 7: 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 this 27th day of September, 1982. Mayor ATTEST: Y/� ' I City Clerk - 3 - I, Helene M. Mooney, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 1557 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 13th day of September, 1982. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the • City Council on the 27th day of September, 1982, by the following vote, to wit: AYES: Bacon, Tennant, Shearer, Chappell, Tice NOES: None ABSENT: None APPROVED AS TO FORM: • City Attorney 0 Y1,e Z' City Clerk - 4 - C E R T I F I C A T I O N