HomeMy WebLinkAbout94-47 - Resolutions RESOLUTION NO. 94-47
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 94-14 FOR AN EXPANSION OF AN EXISTING PIZZA
PARLOR WITH ADDITIONAL DINING TABLES, POOL TABLES, AND
GAME ARCADE INTO AN ADJOINING VACANT SUITE OF 1,991
SQUARE FEET, LOCATED IN THE VILLAGE COMMERCIAL DISTRICT
OF THE VICTORIA SPECIFIC PLAN AT 7270 VICTORIA PARK LANE,
SUITE 2E, AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 227-111-41.
A. Recitals.
1. Frank Balchak (Mr. C's Pizza) has filed an application for the
issuance of Conditional Use Permit No. 94-14, 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 8th day of June 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 June 8, 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
northwest corner of Victoria Park Lane and Base Line Road with a street
frontage of 743.73 feet and a lot depth of 350 feet and is presently improved
with a commercial shopping center; and
b. The property to the north of the subject site is a parking
lot expansion and existing Medium High residential beyond, the property to the
south is vacant property zoned Low Medium residential, the property to the
east is existing Low Medium residential, and the property to the west is the
existing Chevron Station and vacant beyond; and
c. The property is zoned Village Commercial by the Victoria
Community Plan; and
PLANNING COMMISSION RESOLUTION NO. 94-47
CUP 94-14 - MR. C'S PIZZA
June 8, 1994
Page 2
d. The proposed Commercial Recreation use is an expansion of
an existing restaurant business and is conditionally permitted in the Village
Commercial District.
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 Victoria Community Plan, and the
purposes of the district in which the site is located; and
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;
and
c. That the proposed use complies with each of the applicable
provisions of the Development Code and the Victoria Community 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 15061 (b(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 of the Victoria
Community 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, the
Conditional Use Permit shall be brought before
the Planning Commission for the consideration
and possible termination of the use.
4) Any signs proposed for the facility shall be
designed in conformance with the Uniform Sign
Program for the complex.
PLANNING COMMISSION RESOLUTION NO. 94-47
CUP 94-14 - MR. C'S PIZZA
June 8, 1994
Page 3
5) Approval shall expire, unless extended by the
Planning Commission, if the approved use has
not commenced within 24 months from the date of
approval.
6) A maximum of eight billiard tables will be
permitted for this facility.
7) Amusement devices shall be limited to eight
video games and eight pinball machines.
8) The following requirements shall apply to the
game arcade:
a) One adult supervisor, 21 years of age or
older, shall be maintained at all times
during business hours for the game arcade.
b) Change-making or token exchange facilities
shall be provided for patron use inside
the premises.
c) 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."
d) 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.
PLANNING COMMISSION RESOLUTION NO. 94-47
CUP 94-14 - MR. C'S PIZZA
June 8, 1994
Page 4
(4) Additional interior clear space may
be required by the Building Official,
Foothill Fire District, or Police
Department in order to maintain
public safety.
9) 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.
10) 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.
11) 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.
12) This approval shall run with the applicant and
shall become void upon a change of ownership or
if the business operation ceases.
13) 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.
6. The Secretary to this Commission shall certify to the adoption
of this Resolution.
APPROVED ,ND ADOPTED THIS 8TH DAY OF JUNE 1994.
P .` 1 SSION OF )—.11111114 E CITY OF RANCHO CUCAMONGA
BY: ..,,�I .I�II _
E. I . - =irman
ATTEST: ■GliGddie ie
Br.Wr, Secre =ry
PLANNING COMMISSION RESOLUTION NO. 94-47
CUP 94-14 - MR. C'S PIZZA
June 8, 1994
Page 5
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 8th day of June 1994, by the following vote-to-wit:
AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: TOLSTOY