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HomeMy WebLinkAbout93-35 - Resolutions RESOLUTION NO. 93-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 93-07, A REQUEST TO ESTABLISH A BILLIARD HALL WITH ON-SITE CONSUMPTION OF BEER WITHIN AN EXISTING COMMERCIAL DESIGNATION (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND RAMONA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-301-15. A. Recitals. (i) Mordechai and Christine Levi have filed an application for the issuance of Conditional Use Permit No. 93-07 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." (ii) On the 12th day of May 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. (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 hearing on May 12, 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 the southwest corner of Foothill Boulevard and Ramona Avenue with a street frontage of 530 feet along Foothill Boulevard and 260 feet along Ramona Avenue. The property is presently developed with a commercial center; and (b) The property to the north of the subject site is designated for commercial uses and is developed with a gas station; the property to the south, across an alleyway, is developed with single family residences; the property to the east, across Ramona Avenue, is developed with a mobile home park; and the property to the west is developed with an automotive repair and U-Haul business; and PLANNING COMMISSION RESOLUTION NO. 93-35 CUP 93-07 - LEVI May 12, 1993 Page 2 (c) The application will provide for the installation of 15 billiard tables, 6 foosball and video games, and a bar serving snacks, cold drinks, and beer; and (d) The business will be operated between the hours of 12 p.m. and 1 a.m. , Monday through Thursday, and 12 p.m. and 2 a.m. , Friday through Sunday; and (e) The development of the billiard hall is consistent with the Community Commercial designation of the Foothill Boulevard Specific Plan and the Commercial designation of the General Plan; and (f) The application, along with the attached conditions of approval, will comply with all applicable standards of 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) 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 and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Division 1) Approval of this request shall not waive compliance with all sections of the Foothill Boulevard Specific Plan and all other City ordinances. 2) 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. PLANNING COMMISSION RESOLUTION NO. 93-35 CUP 93-07 - LEVI May 12, 1993 Page 3 3) Any signs proposed for the facility shall be designed in conformance with the Uniform Sign Program for Plaza de Las Brisas and the Comprehensive Sign Ordinance and shall require review and approval by the Planning Division prior to installation. 4) The maximum number of billiard tables shall be limited to 15. 5) The hours of operation of the facility shall be limited to 12 p.m. to 1 a.m. , Monday through Thursday, and 12 p.m. to 2 a.m. , Friday through Sunday. 6) No person under 18 years of age may enter, be, or remain during the hours school is in regular session or after 7:00 p.m. 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. 7) Adult supervision of the video games shall be maintained at all times during business hours. 8) Change-making or token exchange facilities shall be provided for video game patron use inside the premises. 9) 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" and clearly labeled as such. The doors shall be equipped with alarms to sound in the event of unauthorized use. 10) Adequate interior clear space shall be provided for safe and convenient patron circulation and shall meet the following minimum standards: a) Amusement devices (i.e. , video games) 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. PLANNING COMMISSION RESOLUTION NO. 93-35 CUP 93-07 - LEVI May 12, 1993 Page 4 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 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. e) The Planning Division shall be contacted for inspection. 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) All parking lots shall be posted "No Loitering" in letters not less than 1-inch in height on signs to the satisfaction of the City Planner and Sheriff's Department and the parking lot immediately adjacent to the alleyway shall be posted to prohibit parking between the hours of 9:00 p.m. and 7:00 a.m. 13) The City Planner may require a wrought iron security gate between the plaza and the secondary 10-stall parking lot if, in his opinion during the operation of this business, access to and from the alleyway should be restricted. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF MAY 1993. PLANNING CO . ZSSION OF THE CITY OF RANCHO CUCAMONGA r OF BY: -t i C arry T McNiel, Chairman PLANNING COMMISSION RESOLUTION NO. 93-35 CUP 93-07 - LEVI May 12, 1993 Page 5 ATTEST: Brad -/, Secr 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 12th day of May 1993, by the following vote-to-wit: AYES: COMMISSIONERS: MCNIEL, MELCHER, TOLSTOY, VALLETTE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: CHITIEA 04 DEPARTMENT OF ev marmot GMCA810114M a COMMUNITY DEVELOPMENT STANDARD CONDITIONS PROJECT#: C/ b/1/./2474L /5I �QAc/114" 4& U/JL/* --97 SUBJECT: . o ,// //uu ' APPLICANT: /4 AZ C%4/ ACS 45 fy/N4C LTV/ LOCATION: ft/9 A?r Z .BLI',b #f4( q Those items checked are Conditions of Approval. - APPLICANT SHALL CONTACT THE PLANNING DIVISION , (714)989-1881, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: . A. Time Limits Conslisisam ✓ _1. Approval shall expire,unless extended by the Planning Commission,If building permits are �—�- not issued or approved use has not commenced within 24 months from the date of approval. 2. Development/Design Review shall be approved prior to_Lt..- - J�- 3. Approval of Tentative Tract No. is granted subject to the approval of 4. The developer shall commence,participate in,and consummate or cause to be commenced, participated in, or consummated, a Mello-Roos Community Facilities District(CFD)for the Rancho Cucamonga Fire Protection District to finance construction and/or maintenance of a fire station to serve the development. The station shall be located,designed,and built to all specifications of the Rancho Cucamonga Fire Protection District, and shall become the Districts properly upon completion. The equipment shall be selected by the District in accordance with its needs. In any building of a station,the developer shall comply with all. applicable laws and regulations.The CFD shall be formed by the District and the developer by the time recordation of the final map occurs. 5. Prior to recordation of the final map or the Issuance of building permits, whichever comes first, the applicant shah consent to, or participate in,the establishment of a Mello-Roos Community Facilities District for the construction and maintenance of necessary school facilities. However, if any school district has previously established such a Community Facilities District, the applicant shall, in the alternative,consent to the annexation of the project site into the territory of such existing District prior to the recordation of the final map or the issuance of building permits,whichever comes first. Further, if the affected school district has not formed a Mello-Roos Community Facilities District within twelve months from the date of approval of the project and prior to the recordation of the final map or issuance of building permits for said project, this condition shall be deemed null and void. SC - 2/91 I•fL Protect vc.: 3-07 Comdenan Date: This condition shall be waived ff the City receives notice that the applicant and all affected school districts have entered into an agreement to privately accommodate any and all school impacts as a result of this project. 6. Prior to recordation of the final map or prior to issuance of building permits when no map is J_ involved,written certification from the affected water district that adequate sewer and water facilities are or will be available to serve the proposed project shall be submitted to the Department of Community Development. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision orpriorto issuance of permits in the case of all other residential projects. 8. Site Development ✓ 1. The site shall be developed and maintained in accordance with the approved plans which —J— include site plans, architectural elevations,exterior materials and colors,landscaping,sign program, and grading on file In the Planning Division, the conditions contained herein, Development Code regulations, and f211W/ZZ 5LM) Specific Plan and Planned Community. ✓ 2. Prior to any use of the project site or business activity being commenced thereon, all J /- Conditions of Approval shall be completed to the satisfaction of the City Planner. ✓ 3. Occupancy of the facility shall not commence until such time as all Uniform Building Code and _/_/_ State Fire Marshall's 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. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be /_/ submitted for City Planner review and approval prior to issuance of building permits. 5. All site,grading,landscape, irrigation,and street Improvement plans shall be coordinated for ��- consistency prior to issuance of any permits(such as grading,tree removal,encroachment, building , etc.), or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced,whichever comes first. ✓ 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community Plans or Specific Plans in effect at the time of Building Permit issuance. 7. A detailed on-site lighting plan shall be reviewed and approved by the City Planner and --/- Sheriff's Department(989-6611)prior to the issuance of building permits. Such plan shall indicate style, illumination, location,height, and method of shielding so as not to adversely affect adjacent properties. 8. If no centralized trash receptacles are provided,all trash pidc-up shall be for individual units _J /_ with all receptacles shielded from public view. 9. Trash receptacle(s)are required and shall meet City standards. The final design,locations, —I_ and the number of trash receptacles shall be subject to City Planner review and approval prior to issuance of building permits. 10. All ground-mounted utility appurtenances such as transformers,AC condensers, etc., shall __J—I- be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City Planner. 1 SC • 2/9l 2 ef=z. -