The URL can be used to link to this page

Home My WebLink About89-46 - Resolutions RESOLUTION NO. 89-46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA APPROVING CONDITIONAL USE PERMIT NO. 89- 03 FOR AN ARCADE WITHIN A 10,000 SQUARE FOOT RESTAURANT, ON 8.21 ACRES OF LAND, LOCATED ON THE SOUTHEAST CORNER OF FOOTHILL BOULEVARD AND HELLMAN AVENUE IN THE COMMUNITY COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-261-25 & 26 A. Recitals. (i ) Show Biz Pizza Time has filed an application for the issuance of the Conditional Use Permit No. 89-03 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 22nd of March 1989, and continued on April 12, 1989, 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 prior 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 hearings on March 22, and April 12, 1989, 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 the southeast corner of Foothill Boulevard and Hellman Avenue with a street frontage of 672 feet and lot depth of 600 feet and is presently improved with a commercial center; and (b) The property to the north of the subject site is a motel , mobile home park, and single family homes; the property to the south of that site consists of single family homes; the property to the east is community commercial and public storage; and the property to the west is apartments ; and (c) The arcade is located within a 10,000 square foot restaurant and is fully visible to supervisors and other patrons; and (d) The entrance to the arcade is on the north side of the building facing away from the single family residences to the south ; and PLANNING COMMISSION RESOLUTION NO. 89-46 SHOW BIZ PIZZA - CUP 89-03 April 12, 1989 Page 2 (e) There is sufficient parking on the north side of the building to accommodate the arcade use; and (f) The arcade is only open during the regular business hours of the restaurant use, which are Sunday through Thursday from 11:00 a.m. to 10:00 p.m. , and Friday and Saturday from 10:00 a.m. to 11:00 p.m. 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 paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: (a) That the proposed use is in accord with the General Plan and the objectives of the Development Code as evidenced by the Conditional Use Permit provision for amusement devices. (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 paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below: 1. The arcade, and amusement devices therein, shall be limited to the same hours of operation as the restaurant. 2. The amusement devices shall be placed in a manner that does not obstruct or crowd entries, exits and aisles. 3. Supervision for the arcades shall be provided at all times. 4. A bicycle rack shall be placed adjacent to the restaurant and shall be located in a manner such that the sidewalk and exits or entries will not be blocked. The specifications and location shall be approved by the City Planner prior to occupancy. PLANNING COMMISSION RESOLUTION NO. 89-46 SHOW BIZ PIZZA - CUP 89-03 April 12, 1989 Page 3 5. If the operation of the 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. 6. Occupancy of the facility shall not commence until such time as all Uniform Building Code and Std Fire Marshall 's regulations have been complied with . Prior to occupancy, plans shall be submitted to the Foothill Fire Protection District and the Building and Safety Division to show compliance. The building shall be inspected for compliance prior to occupancy. 7. 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. 8. 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. 9. The operation of the arcade, games, and music shall conform with the performance standards for the district as contained in Rancho Cucamonga Municipal Code Section 17.10.050. 10. All pertinent conditions of approval as contained in City Council Resolution No.88-043 shall apply. 11. No person under 18 years of age may enter, be in, or remain in any part of a game arcade during the hours school is in regular session. This limitation shall be prominently posted at the entrance of the facility, in letters not less than 1 inch in height, and shall be enforced by the supervisor. 12. Change-making or token exchange facilities shall be provided for patron use inside the premises. 13. Access to the game area must be from the main entrance to the primary use and not from a separate exterior entrance. The rear exit shall be for "Fire Exit Only". 14. Adequate interior clear space shall be provided for safe and convenient patron circulation and shall meet the following minimum standards: a) Amusement devices shall be located no closer than 12" from any wall assembly separating the arcade from any adjacent building or portion of a building. PLANNING COMMISSION RESOLUTION NO. 89-46 SHOW BIZ PIZZA - CUP 89-03 April 12, 1989 Page 4 b) Provide a minimum of 60 inches between amusement devices and any entrance or exit. c) Where amusement devices are located along one side of an aisle, provide a minimum unobstructed aisle width of 66 inches. Where amusement devices are located along both sides of any aisle, provide a minimum unobstructed aisle width of 90 inches. d) Additional interior clear space may be required by the Building Official , Foothill Fire District, or Sheriff's Department in order to maintain public safety. 15. The walls , ceiling or floor, or any combination thereof, of the building or structure , or portion thereof, shall be insulated or otherwise constructed so that no vibration that is detectable without the aid of any mechanical device or instrument will be allowed to be on the outer perimeter of the arcade. 16. This Conditional Use Permit shall be monitored and brought back to the Planning Commission within six (6) months from occupancy to review compliance with all Conditions of Approval and applicable City ordinances. Failure to comply with Conditions of Approval or applicable City Ordinances may cause possible revocation of the Conditional Use Permit by the Planning Commission. 17. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time a Certificate of Occupancy is granted. 18. The parking lot shall be posted "No Loitering" in letters not less than 1 inch in height on signs to the satisfaction of the City Planner and Sheriff's Department. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF APRIL 1989. PLANNING CO ISSION OF THE CITY OF RANCHO CUCAMONGA xx..� // BY: ■�I/ i . ' 'ie , airman ATTEST: t ,a_410i ac: ry PLANNING COMMISSION RESOLUTION NO. 89-46 SHOW BIZ PIZZA - CUP 89-03 April 12, 1989 Page 5 I, Brad Buller, 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 12th day of April 1989, by the following vote-to-wit: AYES: COMMISSIONERS: BLAKESLEY, EMERICK, MCNIEL, TOLSTOY NOES: COMMISSIONERS: CHITIEA ABSENT: COMMISSIONERS: NONE