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HomeMy WebLinkAbout89-406 - Resolutions RESOLUTION NO. 89-406 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REVERSING THE ACTION OF THE ,PLANNING COMMISSION AND DENYING CONDITIONAL USE PERMIT 89~19 FOR AN ARCADE TO OPERATE IN AN EXISTING COMMERCIAL CENTER ON 1.26 ACRES OF LAND IN THE GENER~J. COMMERCIAL DISTRICT, LOCATED AT THE SOUTHWEST CORNER OF ARROW ROUTE AND MALVEN AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-041-5I A. Recitals. (i) An application has been submitted to the City of Rancho .Cucamo. nga by Terrence Batiste and Michael Earl (hereinafter "applicants") for a Conditional Use Permit for an. arcade totaling 850 square feet of an existing commercial center located on 1.26 acres of land at the southwest corner of Arrow Route and Malven Avenue. (ii) On July 12, 1989, the Planning Commission conducted a duly noticed public hearing on the application and concluded said hearing on that date by adopting Resolution No. 89-93, thereby approving Conditional Use Permit 89-19 subject to eighteen (18) stated conditions. (iii) The Planning Commission's approval of the application was timely appealed to this Council on July 21, 1989, by Jeff and Janice Abbott (hereinafter "appellants"). (iv) On August 16, 1989, the City Council conducted a duly noticed public hearing on the appeal of Conditional Use Permit 89-19 and continued that hearing until September 6, 1989.' ,B. Resolu'tion. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine and resolve as follows: 1. This Council 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 Council during the above-referenced meetings on August 16, 1989 and September 6, 1989, r,.incl.ud~ng, written and oral staff reports, this Council hereby specifically finds as follows: , (a) The application applies to property located at the ,:southwes~-corner of Arrow Route and Malven Avenue, APN: 209-041-51, and 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 Resolution No. 89-406 Page 2 (c) The application contemplates the operation of an arcade consisting of 20 video game machines within an 850 square foot leased space; and {d) The applicant stated that the hours of operation would be from 10:00 a.m. to 11:00 p.m., seven days a week, and that minors under the age of eighteen (18) would not be allowed inside during school hours; and {e} The applicant indicated that a minimum of two (2} adults would be present to conduct and supervise the subject use; and (f) The Cucamonga Elementary School is located less than one- half a mile from the site, and two (2) other schools are located less than two (2) miles away. The Board of Trustees of the Cucamonga School District have stated their opposition to the arcade as incompatible to the area and would create supervision and safety problems for the school; and (g) The Rancho Cucamonga Sheriff's Department has stated that there have been problems with fighting and loitering at other arcades within the City; and (h) That the City Council held a public hearing on the appeal of Conditional Use Permit 89-19 and addressed possible concerns and received public testimony opposed to the arcade, including petitions signed by one- hundred twenty-five {125) persons. 3. Based upon substantial evidence presented to this Council during the above-referenced meeting and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: {a} That the proposed use is not in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located; and (b) That the proposed use will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and (c) That the proposed use does not comply with each of the applicable provisions of the Development Code. (d) That the proposed use is incompatible with the surrounding neighborhood. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby reverses the action of the Planning Commission specified in Recital (ii) above and denies the application. PASSED, APPROVED, and ADOPTED this 20th day of September, 1989. Resolution No~ 89-406 Page 3 AYES: Alexander, Buquet~ Brown~ Stout'~ Wright NOES: None Dennis L. Stout, Mayor ATTEST: I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 20th day of September, 1989. Executed this 21st day of September, 1989 at Rancho Cucamonga, California. ebr~a J. ~dams, City Clerk