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Home My WebLink About94-76 - Resolutions RESOLUTION NO. 94-76 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 94-22 FOR THE SERVING OF BEER AND WINE IN CONJUNCTION WITH A BILLIARD SPORT CLUB WITHIN THOMAS WINERY PLAZA IN THE SPECIALTY COMMERCIAL DISTRICT (SUBAREA 2) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT 7985 VINEYARD AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-101-22 THROUGH 25. A. Recitals. 1. OAS has filed an application for the issuance of Conditional Use Permit No. 94-22, 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 24th day of August 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 August 24, 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 northeast corner of Vineyard Avenue and Foothill Boulevard, 7985 Vineyard Avenue, and is presently improved with a commercial center; and b. The property to the north is vacant, the property to the south is vacant and a liquor store, the property to the east is a commercial center, and the property to the west is vacant; and c. The proposed use, the serving of beer and wine, together with the billiard and sports club is consistent with the Specialty Commercial designation of the Foothill Boulevard Specific Plan; and d. The proposed use together with the conditions of approval will comply with all applicable provisions of the Foothill Boulevard Specific Plan. PLANNING COMMISSION RESOLUTION NO. 94-76 CUP 94-22 - OAS August 24, 1994 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 Foothill Boulevard Specific Plan, 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 the Foothill Boulevard Specific Plan. 4. This Commission hereby finds and determines that the project identified above in this Resolution has been prepared and reviewed in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and further, specifically finds that based upon substantial evidence, it can be seen with certainty that there is no possibility that the proposed project will have a significant effect on the environment and, therefore, the proposed project is exempt pursuant to Section 15061(b) (3) of the State SEQA 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) Approval is for the serving of beer and wine in conjunction with the billiard club. Any change to include hard liquor will require a modification to this permit. 2) Approval shall expire, unless extended by the Planning Commission, if building permits are not issued or the approved use has not commenced within 24 months from the date of approval. 3) Approval of this request shall not waive compliance with all sections of the Foothill Boulevard Specific Plan and all other City ordinances. 4) 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. 94-76 CUP 94-22 - OAS August 24, 1994 Page 3 5) Any signs proposed for the facility shall be designed in conformance with the Uniform Sign Program for Thomas Winery Plaza and the Sign Ordinance and shall require review and approval by the Planning Division prior to installation. 6) The hours of operation of the facility shall be limited to 11:00 a.m. to 1:00 a.m. , Monday through Thursday; 11:00 a.m. to 2:00 a.m. , Friday and Saturday; and 11:00 a.m. to 12:00 midnight on Sunday. 7) No person under 18 years of age may enter, be, or remain during the hours where school is in regular session. 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. .8) A separate Conditional Use Permit will be required if there are more than 3 coin-operated amusement devices on the premises. 9) 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. 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. PLANNING COMMISSION RESOLUTION NO. 94-76 CUP 94-22 - OAS August 24, 1994 Page 4 10) A minimum of one licensed, certified, or trained security person shall be provided from dusk to closing daily. The security personnel shall remain on duty in the parking lot and outside the facility to avert any nuisance problems. 11) Approval of this Conditional Use Permit is contingent upon approval of Foothill Boulevard Specific Plan 94-02. Fire District/Building and Safety Division 1) Occupancy of the facility shall not commence until such time as all Uniform Building Code and State Fire Marshal's regulations have been complied with. Detailed plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division for review and approval prior to issuance of building permits. The building shall be inspected for compliance prior to occupancy. 2) Any modification to the approved plans after occupancy of the building may require additional review and/or permits from the Fire District and the Building and Safety Division. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED ' 'OPTED 24TH DAY OF AUGUST 1994. PLA 1 ISSION I OF THE C _ .F RANCHO CUCAMONGA BY: • 1 immuu �1mt� E. D- id Barke , Chairman I ��ATTEST: � L BraMilrer, Wtary 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 24th day of August 1994, by the following vote-to-wit: PLANNING COMMISSION RESOLUTION NO. CUP 94-22 - OAS August 24, 1994 Page 5 AYES: COMMISSIONERS: BARKER, MELCHER, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: LUMPP, MCNIEL