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HomeMy WebLinkAbout87-159 - Resolutions RESOLUTION NO. 87-159 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 87-35 FOR AN ARCADE WITH FIVE (5) VIDEO AMUSEMENT DEVICES FOR WILLIE & PIE PIZZA PARLOUR LOCATED AT 6321 HAVEN AVENUE, SUITE 1 IN THE NEIGHBORHOOD COMMERCIAL (NC) DISTRICT - APN: 201- 214-11 A. Recitals. (i ) Willie & Pie Pizza Parlour has filed an application for the issuance of the Conditional Use Permit No. 87-35 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application". (ii ) On the 9th of September, 1987, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (iii ) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced public hearing on September 9, 1987, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to property located at 6321 Haven Avenue, Suite 1 with a street frontage of 160.60 feet and lot depth of 455. 10 feet and is presently improved with curb, gutter and sidewalk; and (b) The property to the north of the subject site is Low Residential (2-4 dwelling units per acre), the property to the south of that site consists of Commercial Neighborhood, the property to the east is Commercial Neighborhood, and the property to the west is Commercial Neighborhood; and (c) The arcade is located in a 156 square foot room directly visible from the serving counter; and PLANNING COMMISSION RESOLUTION NO. CUP 87-35 - Willie & Pie Pizza Parlour September 9, 1987 Page 2 (d) The arcade is only open during the regular business hours of the primary restaurant use, which are 11:30 a.m. to 10:00 p.m. . , Monday through Thursday; 11:30 a.m. to 11:00 p.m. , Friday and Saturday; and 11:30 a.m. to 9:00 p.m. . , Sunday. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraph 1 and 2 above, this Commission hereby finds and concludes as follows: (a) That the proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. (b) That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. (c) That the proposed use complies with each of the applicable provisions of the Development Code. 4. This Commission hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and has determined it to be exempt per Article 19, Section 15301. 5. Based upon the findings and conclusions set forth in paragraph 1, 2 and 3 above, this Commission hereby approves the application subject to each and every condition set forth below and in the attached Standard Conditions attached hereto and incorporated herein by this reference: A. Planning i. The arcade and amusement devices therein shall be limited to the same hours of operation as the restaurant. ii . The amusement devices shall be placed in a manner that does not obstruct or crowd entries, exits or aisles. iii. Supervision of the arcade shall be provided at all times. iv. A bicycle rack shall be placed adjacent to the restaurant and shall be located in a manner such that the sidewalk and exists or entries will not be blocked. PLANNING COMMISSION RESOLUTION NO. CUP 87-35 - Willie & Pie Pizza Parlour September 9, 1987 Page 3 v. If the operation of this Conditional Use Permit causes adverse effects to neighboring businesses or to the primary restaurant use, the Conditional Use Permit shall be brought before the Planning Commission for their review and possible termination of the use. vi. That approval of this request shall not waive compliance with all sections of the Development Code and all other applicable City Ordinances in effect at the time of occupancy. vii . That any modification, relocation, increase in the number of amusement devices, expansion or other change in operation will require a revision to this Conditional Use Permit. 6. The Deputy Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF SEPTEMBER, 1987. PLANNING COMMIS ION OF THE CITY OF RANCHO CUCAMONGA BY: ARV 4_. 111 arr . `c' -- , air an ATTEST: �sI� ; !__ : al . , '�"r y ecre ary I, Brad Buller, Deputy Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 9th day of September, 1987, by the following vote-to-wit: AYES: COMMISSIONERS: TOLSTOY, BLAKESLEY, CHITIEA, EMERICK, MCNIEL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE