Ordinance - 2102ORDINANCE NO. 2102
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE TO COMPUTER GAME/INTERNET
ACCESS CENTERS (CODE AMENDMENT NO.02-04)
• WHEREAS, Code Amendment No. 02-04 is a City -initiated code amendment related to
computer game/intemet access centers; and
WHEREAS, the Planning Commission, upon giving required notice, did on the 25th day
of March, 2003, conduct a duly advertised public hearing as prescribed by law, at which time the
Planning Commission adopted Resolution No. 03-4844 recommending to the City Council
approval of Code Amendment No. 02-04; 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 3rd day of June, 2003; and
WHEREAS, studies and investigations made by this Commission and in its behalf reveal
the following facts:
The City of West Covina currently does not allow for Computer Game/Internet Access
Centers to be operated in the City.
2. The code amendment places standards on the operation of such a use.
3. Chapter 26 of the West Covina Municipal Code (Zoning) should be amended to allow for.
Computer Game/intemet Access Centers to be operated within the City of West Covina.
4. 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 City Council 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. 03-04 is hereby found to be consistent with the West Covina General Plan and
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
26 (Zoning) 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
be published as required by law.
• PASSED AND APPROVED on this 17fh day of June, 2003.
ATTEST:
Mayor Steve Herfe
City Clerk Janet B
•
0
Ordinance No. 2102
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 3rd day of June, 2003. That, thereafter, said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the 17°i day of June 2003 by
the following vote:
AYES: Hernandez, Miller, Wong
NOES: Sanderson, Herfert
ABSENT: None
APPROVED AS TO FORM:
4ity
�tomey A ld Alvarez-Glasman
y .�
City Clerk Janet Ben
E
•
EXHIBIT A
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, building and roof -mounted
wireless telecommunication antennae facilities, and computer game/
internet access centers as defined in Section 26-685.2
ARTICLE X Non residential zones
Sec. 26-582. Parking Ratios, nonresidential (except PAR).
(q) Computer game/internet access center, one parking space for every five
machines, plus one space for every five seats in the waiting area.
ARTICLE X Non residential zones
Section 26-597. Service, trade, cultural, public and private uses (except industrial or
manufacturing).
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Computer Game/Internet Access
Centers, Accessory, up to nine
(9) computers (see art. XII, div,
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Computer Game/Internet Access
Centers, Accessory, ten (10) or
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Computer Game/Internet Access
Centers, main use (see art. XII,
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ARTICLE XII Special Regulations for Unique Uses
DIVISION 9. GAME ARCADES, BILLIARD PARLORS, AND COMPUTER
GAME/INTERNET ACCESS CENTERS
Section 26-685 Purpose.
The purpose of this division is to permit the operation of computer game/internet access
centers, 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 computer game/internet access
center, 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) Computer Game/Internet Access Centers. Any place of business providing one
(1) or more computers for public use for the purpose of playing computer games,
accessing the internet, or other computer use. For the purpose of the chapter,
government facilities providing computers for public use shall not be considered as
computer game/ internet access centers.
(b) Computer Game/Internet Access Centers, main use. Any place of business providing
one (1) or more computers for public use for the purpose of playing computer
games, accessing the internet, or other computer use, not as an accessory to a main
use.
(c) Computer Game/Internet Access Centers, accessory use. Any place of business
providing one (1) or more computers for public use for the purpose of playing
computer games, accessing the internet or other computer uses, which is secondary
or incidental to another use.
(d) 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.
(e) Game arcade, accessory use. A use accessory to a main use, containing four (4) or
more coin -operated games of skill or science (as defined in sections 5-72--5-91 of
the West Covina Municipal Code), and thereby, requiring a conditional use permit
as stated in section 5-82(b) of the West Covina Municipal Code.
(1) An accessory game arcade containing one (1) to three (3) coin -operated games
of skill or science is permitted to operate without a conditional use permit as herein
provided.
(f) 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.
(g) Billiard parlor, main use. Any place containing billiard tables not as an accessory to
a main use.
(h) 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.
(i) Unless otherwise specified, "computer game/internet access centers" means either
accessory use computer game/intemet access centers or main use computer
game/internet access centers, "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) Computer game/internet access centers, game arcades, and billiard parlors may be
established only in the zones as specified in section 26-597. .
(b) Computer game/internet access centers shall be subject to the following permits:
(1) No zoning permit shall be required for an accessory computer game/
internet access centers containing one (1) to nine (9) computers.
(2) An accessory computer game/internet access center with ten (10) or more
• computers, shall be subject to the granting of an administrative use permit,
or if located in the "Neighborhood Commercial" (N-C) zone a conditional
use permit is required, as specified in Article VI, Divisions 3 and 5 of this
chapter.
(3) A main use computer game/internet access center shall be subject to the
granting of an administrative use permit, or if located in the "Neighborhood
Commercial' (N-C) zone a conditional use permit is required, as specified
in Article VI, Divisions 3 and 5 of this chapter.
(c) A conditional use permit shall be obtained prior to establishing a game arcade or
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. Computer Game/Internet Access Centers Regulations.
(a) Specific development requirements for a computer game/internet access center:
(1) No main use computer game/internet access center shall be located within
five hundred (500) feet of the entrance of any 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 property.
(b) Conditions of approval of an administrative use permit or a conditional use permit
for a computer game/intemet access center:
(1) There shall be no loitering allowed around the computer games/internet
access center.
(2) Establishments with computer games/internet access centers shall provide a
waiting area with seating equal to one seat for every five computer stations.
No waiting list may be maintained beyond the seating capacity of the waiting
area.
(3) Each computer games/internet access center shall provide a minimum of two,
unisex toilet and lavatory facilities that are accessible to customers and
employees.
(4) Computer game/internet access centers shall provide full-time adult
attendants or supervisors, twenty-one (21) years of age or older, at a ratio of
. two attendant/supervisor for main use or accessory use centers with one (1) to
seventy-five (75) machines or less, three (3) attendants/supervisor for
seventy-six (76) to one hundred and twenty-five (125) machines, and one
additional attendant/supervisor for every additional fifty (50) machines or
fraction thereof. Only one attendant/supervisor is required prior to five (5)
p.m. at businesses with seventy-five (75) or less machines. In addition, at
least one California State registered security guard is required after eight (8)
p.m. at all computer game/internet access centers.
(5) Hours of operation for a computer game/internet access center shall be limited
to 8:00 a.m. to 12:00 midnight. The planning director may, after three (3)
months of operation approve extended hours of operation. After 10:00 p.m.,
patrons of main use computer game/internet access centers shall be limited to
persons over the age of eighteen (18) and minors accompanied by a parent or
legal guardian. After 10:00 p.m., accessory use computer game/internet
• access centers shall limit use of computers to persons over the age of eighteen
(18) and minors accompanied by a parent or legal guardian. The hours of
operation must be posted in a conspicuous place.
(6) The administrative use permit or 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) 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) 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.
(9) The interior and exterior of the building and the front and rear parking lot
shall be brightly lit with no dark areas. Exterior lighting shall be installed and
maintained in a manner eliminating any nuisance to adjacent residential
property.
(10) Any computer game/ internet access center shall be subject at all times to
police inspection and supervision for the purpose of asserting if the provisions
of this article are being observed, and no personnel shall hinder, obstruct or
delay any police officer from entering any such place.
(11) No person shall keep any door or entrance to any computer game/ Internet
access center locked, barred or barricaded in such a manner to make it
difficult for access to police officers while two (2) or more persons are
present.
(12) All computers that are accessible to minors must be equipped with adult
blocking software.
(13) All Owners, operators or attendants must be free of any crimes against
children, including felonies, misdemeanors or otherwise.
(c) Such other conditions as deemed by the planning commission or Planning Director
to reasonably relate to the purpose of this division, such as but not mandatory or
limited to:
(1) Windows shall be maintained to allow an unobstructed view of the interior.
(2) Noise, congregation, parking, and other factors generated by the use, which
are detrimental to the public health, safety and welfare.
• (3) Review of the computer game/ internet access center, main or accessory use,
operation permitted by the conditional use permit is required after six (6)
months, beginning on the date of the start of operation.
(4) At no time shall alcoholic beverages be sold, dispensed, possessed, brought,
or allowed on the premises of any computer game/internet access center
except in those cases where the computer game/internet access center is
accessory to a bona fide eating place with a conditional use permit for on -sale
alcohol service.