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Home My WebLink About94-11 - Resolutions RESOLUTION NO. 94-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 93-29 FOR AN INDOOR BATTING CAGE IN 12,000 SQUARE FEET IN BUILDING 16 OF PREVIOUSLY APPROVED CONDITIONAL USE PERMIT 91-24 IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 7) OF THE INDUSTRIAL AREA SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 229-011-10, 19, 21, AND 26 THROUGH 28. A. Recitals. 1. Masi Commerce Center Partners has filed an application for the issuance of Conditional Use Permit No. 93-29, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 26th day of January 1994, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and continued the application until February 23, 1994, in order to allow staff the opportunity to review additionally submitted detailed information. 3. On the 23rd day of February 1994, 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. 4. 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 hearing on February 23, 1994, 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 Rochester and Foothill Boulevards with a street frontage of 1,250 feet along Foothill Boulevard and a lot depth of 950 feet along Rochester Boulevard and is presently vacant; and b. The properties to the north and west of the subject site are vacant, the property to the south consists of the Sports Complex, and the property to the east is the Aggozzotti Winery; and PLANNING COMMISSION RESOLUTION NO. 94-11 CUP 93-29 - MASI COMMERCE PTNRS. February 23, 1994 Page 2 c. The property is designated "Industrial Park" by the Industrial Area Specific Plan; and d. The proposed use is conditionally permitted in Subarea 7 and is classified as a "Recreational Facility. " 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 and the Industrial Area Specific Plan. 4. This Commission hereby finds and determines that the project identified above in this Resolution is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15-61(6) (3) of the State CEQA Guidelines. 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 Division 1) Tenant improvement plans shall be submitted to the Building and Safety and Planning Divisions as well as the Fire District for review and approval prior to occupancy. 2) Approval of this request shall not waive compliance with all sections for the Industrial Area Specific Plan and all other City ordinances. 3) If the operation of the facility causes adverse effects upon adjacent businesses or operations, including but not limited to noise or parking, the Conditional Use Permit shall be brought before the Planning Commission for the consideration and possible termination of the use. PLANNING COMMISSION RESOLUTION NO. 94-11 CUP 93-29 - MASI COMMERCE PTNRS. February 23, 1994 Page 3 4) Any signs proposed for the facility shall be designed in conformance with the Uniform Sign Program for the complex. 5) Approval shall expire, unless extended by the Planning Commission, if the building permits are not issued or the approved use has not commenced within 24 months from the date of approval. 6) This use shall be limited to five batting cages, one slam ball court, a 100 square foot office, a 100 square foot snack bar, one pitching tunnel, and 800 square feet of ancillary retail space. 7) Amusement devices shall be limited to three video games, one radar pitch, two skee ball games, and one air hockey game. 8) The following requirements shall apply to the game arcade: a) 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 and after curfew. 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 adult supervisor. b) One adult supervisor, 21 years of age or older, shall be maintained at all times during business hours for the game arcade. c) Separate public rest rooms for men and women must be provided within the approved building and controlled. d) Change-making or token exchange facilities shall be provided for patron use inside the premises. e) 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. PLANNING COMMISSION RESOLUTION NO. 94-11 CUP 93-29 - MASI COMMERCE PTNRS. February 23, 1994 Page 4 f) 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. " g) Adequate interior clear space shall be provided for safe and convenient patron circulation and shall meet the following minimum standards: (1) Amusement devices shall be located no closer than 12 inches from any wall assembly separating the arcade from any adjacent building or portion of a building. (2) Provide a minimum of 60 inches between amusement devices and any entrance or exit. (3) 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. (4) Additional interior clear space may be required by the Building Official, Foothill Fire District, or Police Department in order to maintain public safety. h) No amusement devices 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. 9) This approval shall become null and void if a Certificate of Occupancy is not issued within 18 months from the date of approval, unless an extension has been granted by the Planning Commission. This Conditional Use Permit shall be monitored and brought back to the Planning Commission within six months from occupancy to review compliance with all Conditions of Approval and applicable City ordinances. Failure to comply with the Conditions of PLANNING COMMISSION RESOLUTION NO. 94-11 CUP 93-29 - MASI COMMERCE PTNRS. February 23, 1994 Page 5 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. 10) This approval shall run with the applicant and shall become void upon a change of ownership or if the business operation ceases. 11) 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 the Police Department. 12) A copy of this Resolution shall be attached to any lease for this space. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED TH - 23RD DAY OF FEBRUARY 1994. PLANNIN -O % , OF THE CIT • RANCHO CUCAMONGA A 1 BY: s♦ 1 ' . 11�hI'1Sa E. Davie - Adler ATTEST: � %L Brad B3�, Se•`fr•ww� 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 23rd day of February 1994, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MELCHER