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HomeMy WebLinkAboutResolution No. 6492 (Deny Appeal Video Arcade)RESOLUTION NO. 6492 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DENYING UP82-67, A USE PERMIT TO ALLOW A VIDEO ENTERTAINMENT CENTER AT 512 THIRD STREET THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: WHEREAS, application has been received for a use permit to allow a 70 game video entertainment center at 512 Third Street; and WHEREAS, Chapter 14.64 of the Zoning Ordinance entitled "Coin Operated Amusement Device Centers" sets forth standards and criteria for review of video centers; and WHEREAS, said ordinance requires that the Planning Commission, in approving such uses, finds that the incidence of vandalism, loitering, pedestrian obstruction, excessive noise, or any other activity that may have an adverse effect on adjacent or vicinity properties, residences, or businesses would not be created or increased by establishment of the use; and WHEREAS, the Planning Commission on January 11, 1983, held a duly noticed meeting to hear the applicant's request for a use permit, considered staff and applicant presentations and reports, heard public testimony and then denied the permit pursuant to findings of fact specified in San Rafael Planning Commission Resolution 83-1; and WHEREAS, the San Rafael City Council on February 22, 1983, held a duly noticed public hearing on an appeal of the Planning Commission denial of the use permit; and considered the Planning Commission's findings, presentations and reports by staff and the appellant, and public testimony; and WHEREAS, the San Rafael City Council on February 22, 1983, then concluded that the proposed use would likely have a significant adverse effect on adjacent or vicinity uses. NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council denies the appeal and upholds the Planning Commission's denial of use permit UP82-67 for a video arcade at 512 Third Street pursuant to the following findings of fact: GI - 1 - RESOLUTION NO. ~6~4~9~2~ ____ __ 1. The proposed video arcade entertainment use will likely create and/or increase the incidence of loitering, littering, and vandalism in this block of Third Street. The subject area, on Third Street between Grand Avenue and Irwin Street, is an existing documented police problem area characterized by public loitering, drug and alcohol usage. The proposed use would attract a large number of juveniles into an area which already experiences these stated significant police problems. 2. The proposed use would likely result in a signifl- cant public safety concern because the proposed video arcade entertainment use would attract additional pedestrian, vehicul r, and bicycle traffic to an area which has high traffic volumes nd poor pedestrian and bicycle access. 3. Due to the limited number of onsite parking spac s and the proposed intensity of use, the proposed video arcade entertainment center would likely result in unauthorized parki g on the adjacent United Markets parking lot which would adverse y affect that use and may, in turn, result in additional pedestr ani vehicular conflicts. I, JEANNE M. LEONCINI, Clerk of the City of San Rafa 1, hereby certify that the foregoing resolution was duly and regu arly introduced and adopted at a regular meeting of the Council of said Ci ty on Tuesday the 22nd day of February , 1983, by the following vote, to wit: AYES: COUNCILMEMBERs:Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None ~ .. ~-.c. At. A.' . JE~: LEONCINI, City Clerk 26 A/12 - 2 -