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HomeMy WebLinkAbout94-19 - Resolutions RESOLUTION NO. 94-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 94-05 FOR AN ARCADE IN CONJUNCTION WITH AN INDOOR RECREATION FACILITY IN THE TERRA VISTA TOWN CENTER, LOCATED AT THE NORTHEAST CORNER OF HAVEN AVENUE AND FOOTHILL BOULEVARD IN THE COMMUNITY COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-421-70. A. Recitals. 1. BSW International, Inc. , has filed an application for the issuance of Conditional Use Permit No. 94-05, 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 9th day of March 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. 3. 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 March 9, 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 northeast corner of Foothill Boulevard and Haven Avenue which is presently vacant; and b. The properties to the north, east, and west of the subject site are shopping centers and the property to the south is an office park; and c. The proposed use complies with all applicable provisions of the Development Code; and d. The proposed use will not have a significant effect on the environment. PLANNING COMMISSION RESOLUTION NO. 94-19 CUP 94-05 - BSW INTERNATIONAL March 9, 1994 Page 2 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, the Terra Vista Community Plan, 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 Terra Vista Community Plan. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the application subject to each and every condition set forth below: Planning Division 1) The approval is for an arcade in conjunction with an indoor children's play center. 2) 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. 3) 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 inches from any wall assembly separating the arcade from any adjacent building or portion of a building. (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. PLANNING COMMISSION RESOLUTION NO. 94-19 CUP 94-05 - BSW INTERNATIONAL March 9, 1994 Page 3 (d) Additional interior clear space may be required by the Building Official, Foothill Fire District, or Police Department in order to maintain public safety. 4) 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. 5) Approval of this request shall not waive compliance with all sections of the Development Code and all other applicable City Ordinances in affect at the time a Certificate of Occupancy is granted. 6) Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed to the satisfaction of the City Planner. 7) If the operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible termination of the use. Fire District/Building and Safety Division 1) Occupancy of the facility shall not commence until such time as all Uniform Building Code and State Fire Marshal's regulations have been complied with. Detailed plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division for review and approval prior to the issuance of building permits. The building shall be inspected for compliance prior to occupancy. 2) Any modifications to the approved plans after occupancy of the building may require additional review and/or permits from the Fire District and the Building and Safety Division. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 94-19 CUP 94-05 - BSW INTERNATIONAL March 9, 1994 Page 4 APPROVED AND ADOPTED THIS 9TH DAY OF MARCH 1994. PLANNING CO . SSIO F THE C 1 OF RANCHO CUCAMONGA t ,l i tilt a BY: �� � E. Dave= Ba =merman ATTEST: `/ Brad ' Se 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 9th day of March 1994, by the following vote-to-wit: AYES: COMMISSIONERS: HARKER, LUMPP, MELCHER, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MCNIEL