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HomeMy WebLinkAbout93-95 - Resolutions RESOLUTION NO. 93-95 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 93-47 FOR AN AMUSEMENT ARCADE IN CONJUNCTION WITH A RESTAURANT AND BAR LOCATED AT 6620 CARNELIAN STREET IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-811-56 THROUGH 60. A. Recitals. 1. Sam Pellegrino has filed an application for the issuance of Conditional Use Permit No. 93-47, 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 10th day of November 1993, 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 November 10, 1993, 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 6620 Carnelian Street and is presently improved with a shopping center; and b. The property to the north is vacant and planned for a future freeway, the property to the south is a shopping center, the property to the east is a shopping center, and the property to the west is single family residences; and c. The application is for an amusement arcade in a bar and restaurant with a total of six games consisting of four electronically scored dart boards, one pinball machine, and one basketball machine. PLANNING COMMISSION RESOLUTION NO. 93-95 CUP 93-47 - SAM'S PLACE November 10, 1993 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, 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. 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 six amusement devices. Any increase to the number of amusement devices will require a modification to the Conditional Use Permit. 2) 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 or 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. 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 PLANNING COMMISSION RESOLUTION NO. 93-95 CUP 93-47 - SAM'S PLACE November 10, 1993 Page 3 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. 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 effect at the time a Certificate of Occupancy is granted. 6) Change-making or token exchange facilities shall be provided for patron use inside the premises. 7) 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. " 8) 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. 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 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 shall cause the suspension of the Conditional Use Permit and possible revocation of the Conditional Use Permit by the Planning Commission. PLANNING COMMISSION RESOLUTION NO. 93-95 CUP 93-47 - SAM'S PLACE November 10, 1993 Page 4 Fire District 1) A Public Assembly Permit shall be required. The applicant shall comply with all State Fire Marshal's regulations. The applicant shall submit accurately dimensioned, detailed floor plans for the Fire District review and approval. 2) The applicant shall complete any work required by the Fire District and the building shall be inspected to the satisfaction of the Fire Marshal, prior to commencement of the use. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF NOVEMBER 1993. PLANNING CO 1ISSION OF THE CITY OF RANCHO CUCAMONGA BY: ��u.LLise,LaPA L. ry j cNiel, Chairman O' ATTEST: t.m.I_ a Ss Bra• :rerlertary 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 10th day of November 1993, by the following vote-to-wit: AYES: COMMISSIONERS: CHITEIA, MCNIEL, MELCHER, TOLSTOY, VALLETTE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE