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HomeMy WebLinkAbout88-242A - Resolutions RESOLUTION NO. 88-242A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 88-45 FOR THE EXPANSION OF THE RESTAURANT AND BAR FROM 2,160 TO 3,240 SQUARE FEET, MODIFICATION OF THE HOURS OF OPERATION, AND TO PERMIT LIVE ENTERTAINMENT IN CONJUNCTION WITH THE RESTAURANT AND BAR LOCATED WITHIN A COMMERCIAL CENTER IS THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN LOCATED AT 9950 FOOTHILL BOULEVARD, SUITES R & S, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-621-34. A. Recitals. (i) Fred and Urai Nelson have filed an application for a modification to Conditional Use Permit No. 88-45 as described in the title of this Resolution. Hereinafter in this Resolution, the modification to the Conditional Use Permit request is referred to as "the application. " (ii) On the 23rd day of October 1991, and continued to November 13, 1991, 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. (iii) 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 hearings on October 23, 1991, and November 13, 1991, 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 9950 Foothill Boulevard with a street frontage of 632 feet and lot depth of 278 feet and is presently improved with one multi-tenant commercial building; and (b) The property to the north of the subject site is apartments, the property to the south of the site consists of a mobile home park, the property to the east is a commercial building, and the property to the west is a service station. PLANNING COMMISSION RESOLUTION NO. 88-242A CUP 88-45 - SKIPPER'S BAR & GRILL November 13, 1991 Page 2 (c) The application applies to the expansion of an existing restaurant, "Siam Garden, " to be renamed "Skipper's Grill and Bar, " and the serving of alcoholic beverages from 11:00 p.m. to 2:00 a.m. (d) The application contemplates the expansion of the restaurant and bar from 2,160 to 3,240 square feet including construction of a bar, stage and dance floor. (e) The application proposes to conduct live entertainment, consisting of small band, disc jockey, and comedians, from 8:00 p.m. to 2:00 a.m. , seven days a week. 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 and Foothill Boulevard Specific 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: Conditions: 1) The serving of alcoholic beverages must be in conjunction with restaurant usage and the availability of full listed menu items. The sale and serving of alcoholic beverages shall cease when such menu items are not available to customers. 2) The serving of alcohol in conjunction with restaurant usage may operate between the hours of 11:00 a.m. and 2:00 a.m. 3) All doors shall remain closed during entertainment for noise attenuation purposes. The rear (north) doors shall be used only for emergencies from 8:00 p.m. to 2:00 a.m. PLANNING COMMISSION RESOLUTION NO. 88-242A CUP 88-45 - SKIPPER'S BAR & GRILL November 13, 1991 Page 3 4) All customers shall use the front (south) entrance/exit, and use of the rear (north) parking lot shall be limited to employees. 5) All entertainment activities shall not create any noise that would exceed an exterior noise level of 60 dB during the hours of 10:00 p.m. to 7:00 a.m. and 65 dB during the hours of 7:00 a.m. to 10:00 p.m. 6) Approval of this request shall not waive compliance with all sections of the Foothill Boulevard Specific Plan, all applicable City Ordinances, Foothill Fire District requirements, and Public Health codes. 7) Any modification, expansion, or other change in operation will require a revision to the Conditional Use Permit. 8) All signage shall be designed in conformance with the Comprehensive Sign Ordinance and applicable Uniform Sign Program and shall require review and approval by the Planning Division. 9) The dance floor maximum square footage shall not exceed 150 square feet. 10) If 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. 11) Occupancy of the facility shall not commence until such time as all Uniform Building Code and Uniform Fire Code regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance. The building shall be inspected for compliance prior to occupancy. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 88-242A CUP 88-45 - SKIPPER'S BAR & GRILL November 13, 1991 Page 4 APPROVED AND ADOPTED THIS 13TH DAY OF NOVEMBER 1991. PLANNING CO LSSION OF THE CITY OF RANCHO CUCAMONGA / r BY: at /�IsI W La r McNiel > airman ATTEST: A«-�,/A�/ BraiCVer, MilliPrtary 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 13th day of November 1991, by the following vote-to-wit: AYES: COMMISSIONERS: MCNIEL, MELCHER, TOLSTOY NOES: COMMISSIONERS: CHITIEA, VALLETTE ABSENT: COMMISSIONERS: NONE