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Home My WebLink About00-111 - Resolutions RESOLUTION NO. 00-111 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT 97-23 TO ALLOW INCREASED HOURS OF OPERATION FOR AN EXISTING NIGHT CLUB AND SPORTS BAR, INCLUDING ENTERTAINMENT, D.J. MUSIC, DANCING, SATELLITE TELEVISION, AMUSEMENT DEVICES (POOL TABLES, DART BOARDS), AND ON-SITE CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN AN EXISTING 7,930 SQUARE FOOT BUILDING IN THE COMMUNITY COMMERCIAL DESIGNATION (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT 10134 FOOTHILL BOULEVARD, AND MAKING FINDINGS IS SUPPORT THEREOF APN: 1077-601-07 A. Recitals. 1. On the 10th day of December 1997, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on Conditional Use Permit 97-23 and approved said application. 2. Robert Lakees filed an application for the modification of Conditional Use Permit 97-23, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 3. On the September 13, and continued to October 11, 2000, 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 September 13, and October 11, 2000, 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 10134 Foothill Boulevard with a street frontage of 214 feet on Foothill Boulevard and 220 feet on Hermosa Avenue, and is presently improved with a motel, convenience market, and restaurant/night club; and b. The property to the north of the subject site is designated for commercial uses and is vacant, the property to the south consists of a restaurant, the property to the east is developed with a residence, and the property to the west is occupied by a motel and convenience market; and PLANNING COMMISSION RESOLUTION NO. 00-111 CUP 97-23 MOD. — LAKEES (TWINS SPORTS BAR & GRILL) October 11, 2000 Page 2 C. Night clubs serving alcoholic beverages and/or providing entertainment are allowed in the Community Commercial designation of the Foothill Boulevard Specific Plan subject to review and approval of a Conditional Use Permit application; and d. The subject property is within a designated Activity Center pursuant to the Foothill Boulevard Specific Plan; and e. The development of the night club and sports bar is consistent with the Community Commercial designation of the Foothill Boulevard Specific Plan and the Commercial designation of the General Plan; and f. The applicant has upgraded the site including additional parking and landscaping consistent with the requirements of the Foothill Boulevard Specific Plan and the Development Code; and g. The applicant has committed to upgrading the level of on-site maintenance to ensure that the site remains free of weeds and trash; and h. The application, with the attached Conditions of Approval, will comply with all applicable standards of the Foothill Boulevard Specific Plan and the Development Code. 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. 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, in that the use provides a neighborhood/district level commercial service including commercial recreation activities. b. 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 because the applicant will implement a security system and certain site improvements to control activities related to the use; and C. The proposed use complies with each of the applicable provisions of the Development Code since the applicant is upgrading the existing parking area to meet current standards. 4. The Planning Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 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) All Conditions of Approval contained in the Resolution of Approval for Entertainment Permit 00-02 shall apply. PLANNING COMMISSION RESOLUTION NO. 00-111 CUP 97-23 MOD. — LAKEES (TWINS SPORTS BAR & GRILL) October 11, 2000 Page 3 2) The days and hours of operation shall be limited to between 10:00 a.m. and 2:00 a.m. seven days a week. 3) The entire site shall be kept free of weeds and trash and all landscaped areas shall be adequately maintained and irrigated. 4) The security lights attached to the trash enclosure and the east parapet of the building shall be re-aligned and shielded as necessary to totally avoid casting glare onto the adjacent property to the east. 5) Any missing, dead, or dying plants or trees shall be replaced within one month of the date of this approval. 6) Any exterior changes to the building, including but not limited to, awnings, windows, and signs, shall be subject to review and approval by the City Planner. 7) The roofing on the building shall be replaced with entirely new material subject to City Planner review and approval by March 1, 2002. The new material shall have an integral color and not be painted. 8) Security personnel shall be provided within the parking area at all times during evening and night hours. Special attention shall be paid to patrolling the east side of the site to ensure that patrons to not throw trash over onto the adjacent property to the east. 9) Approval is granted for a night club/sports bar with D.J. music,dancing, satellite television, occasional live entertainment, and amusement devices(pool tables, dart boards) as identified in Entertainment Permit 00-02. No adult entertainment is permitted. 10) If operation of this Conditional Use Permit causes adverse effects upon adjacent residences, businesses, or operations including, but not limited to noise, loitering, parking, or disturbances, the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible suspension or revocation of the permit. 11) A copy of this resolution and the resolution for Entertainment Permit 00- 02 shall be attached to any lease for this space. Fire District/Building & Safety Division 1) The maximum number of occupants shall not exceed building and fire codes. The maximum occupancy for each room shall be posted as determined by the Rancho Cucamonga Fire Protection District and/or the City's Fire Prevention Unit Division. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 00-111 CUP 97-23 MOD. — LAKEES (TWINS SPORTS BAR & GRILL) October 11, 2000 Page 4 APPROVED AND ADOPTED THIS 11 TH DAY OF OCTOBER 2000 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA r BY: Larry T. cNiel, Chairman ATTESTS / Brad R ecretary 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 11 th day of October 2000, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS MANNERINO