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Home My WebLink About89-93 - Resolutions RESOLUTION NO. 89-93 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 89-19 FOR THE UNIVERSAL ARCADE, LOCATED AT THE SOUTHWEST CORNER OF ARROW ROUTE AND MALVERN AVENUE IN THE GENERAL COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-041-51 A. Recitals. (i ) Mike Earl and Terrence Batiste have filed an application for the issuance of the Conditional Use Permit No. 89-19 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 12th of July, 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 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 July 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 southwest corner of Arrow Route and Malvern Avenue, APN 209-041-51 with a street frontage of 485 feet and lot depth of 213.5 feet and is presently improved with an existing commercial center; and (b) The property to the north of the subject site is a gas station and single family homes, the property to the south of that site consists of the offices of the Chino Basin Municipal Water District, the property to the east is the Neighborhood Center, and the property to the west is a fast food restaurant; and PLANNING COMMISSION RESOLUTION NO. 89-93 RE: CUP 89-19 - UNIVERSAL ARCADE July 12, 1989 Page 2 (c) The application contemplates the operation of an arcade consisting of 20 video game machines within an 850 square foot leased space. 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, 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, further, this Commission hereby issues a Negative Declaration. 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: Planning: 1) No persons under 18 years of age may enter, be 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" in height, and shall be enforced by the adult supervisor. 2) The hours of operation shall be no earlier than 10:00 a.m. and no later than 11:00 p.m. for arcades located in the General Commercial District. 3) This approval is granted for 20 video game machines. PLANNING COMMISSION RESOLUTION NO. 89-93 RE: CUP 89-19 - UNIVERSAL ARCADE July 12, 1989 Page 3 4) Separate public restrooms for men and women must be provided within the approved building and controlled. 5) An interior waiting area with seating facilities shall be provided for patron wishing to relax or wait for an amusement device to become available. 6) Change-making or token exchange facilities shall be provided for patron use inside premises. 7) Adequate exterior lighting shall be provided for evening security adjacent to all entrances and exterior walls of the building where the games are located. All lighting shall be arranged and shielded so as to eliminate excessive glare or reflection onto adjoining properties or businesses. 8) 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". 9) 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. (b) Provide a minimum of 60" 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". Where amusement devices are located along both sides of any aisle, provide a minimum unobstructed aisle width of 90". (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. PLANNING COMMISSION RESOLUTION NO. 89-93 RE: CUP 89-19 - UNIVERSAL ARCADE July 12, 1989 Page 4 10) Bicycle racks shall be provided to the satisfaction of the City Planner in a location that does not obstruct pedestrian or vehicular circulation. They shall be installed prior to occupancy. 11) All signs on the exterior of the building or visible from the outside, such as window signs, shall require Planning Division approval in accordance with the Sign Ordinance. 12) No amusement device shall be used for purposes of, or in connection with gambling. The winning of anything of value shall constitute gambling, except the winning of a prize in a scheduled tournament. 13) No persons shall be permitted to enter, be or remain in any part of the arcade while in the possession of, consuming, using or under the influence of any alcoholic beverage or drugs. This shall be prominently posted inside the arcade in letters not less than 1" in height and shall be enforced by the adult supervisor. 14) 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. 15) This approval shall become null and void if a Certificate of Occupancy is not issued within 24 months from the date of approval , unless an extension has been granted by the Planning Commission. Failure to comply with Conditions of Approval or applicable City Ordinances shall cause the suspension of the Conditional Use Permit and possible revocation of the Conditional Use Permit by the Planning Commission. 16) 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 Certificate of Occupancy is granted. PLANNING COMMISSION RESOLUTION NO. 89-93 RE: CUP 89-19 - UNIVERSAL ARCADE July 12, 1989 Page 5 17) The parking lot shall be posted "No Loitering" in letters not less than 1" in height on signs to the satisfaction of the City Planner and Sheriff' s Department. 18) Two (2) adults, 21 years of age or older, including one (1) supervisor, shall be present at all times during business hours. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF JULY, 1989. PLANNING COMM SION OF THE CITY OF RANCHO CUCAMONGA BY: a . CA } 2t _ ' ' I L.rry Ariel , C . ' man ATTEST: A , r, ir :rte .. STE, 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 July, 1989, by the following vote-to-wit: AYES: COMMISSIONERS: BLAKESLEY, CHITIEA, MCNIEL, WEINBERGER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY