Loading...
HomeMy WebLinkAbout97-63 - Resolutions RESOLUTION NO. 97-63 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING WITHOUT PREJUDICE A MODIFICATION TO ENTERTAINMENT PERMIT NO. 93-03, A REQUEST TO EXPAND THE DAYS AND HOURS OF ENTERTAINMENT AND ADD DANCING FOR AN EXISTING BAR AND RESTAURANT WITH OUTDOOR SEATING, IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 1) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT 8411 FOOTHILL BOULEVARD, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 207-571-75. A. Recitals. 1. Garry Rousa of the Final Score has filed an application modifying Entertainment Permit No. 93-03, 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 October 8, and continued to November 12, and December 10, 1997, the Planning Commission of the City of Rancho Cucamonga conducted duly noticed public hearings on the application and concluded said hearings 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 October 8, November 12, and December 10, 1997, 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 8411 Foothill Boulevard with a street frontage of 545.21 feet and lot depth of 150 feet and is presently improved with several buildings and structures. b. The property to the north contains a restaurant, the properties to the south contain an abandoned railroad track, single family homes, and townhouses, and the property to the west is vacant but planned for a mixed use development consisting of retail, office, and mini-storage. c. On February 14, 1996, the applicant received approval from the Planning Commission to have entertainment consisting of live bands and disc jockeys for Friday and Saturday between 8 p.m. and 12 midnight and Sunday between 3 p.m. and 10 p.m. d. At a hearing on February 14, 1996, the Planning Commission imposed interior and exterior control measures to address nuisance problems. The control measures are listed in Resolution No. 96-05. The Commission also imposed a condition of approval that required completion of all control measures prior to commencement of the entertainment use and denied the serving of alcohol within the proposed outdoor patio area. e. The applicant has not completed all the control measures. Therefore, he has not commenced with the approved entertainment. PLANNING COMMISSION RESOLUTION NO. 97-63 MOD. TO EP 93-03 - FINAL SCORE December 10, 1997 Page 2 f. On March 18, 1997, the applicant submitted a request to add dancing and expand the entertainment to nightly between 9 p.m. and 1 a.m. He submitted a related Conditional Use Permit application to expand the bar use for serving alcohol within the outdoor patio area. g. Adjacent residents on the south side of the site have submitted letters objecting to expansion of the Entertainment Permit because of possible nuisance problems of loud music, loud noise, loitering, and other related disturbances. h. The Commission felt that it is essential for the applicant to complete the control measures required in February 1996 and commence entertainment for a period of time to ensure that the control measures are successful in mitigating the nuisance problem before considering an expansion of the entertainment. 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 Conduct of the establishment and the granting of the application would be contrary to the public health, safety, morals, or welfare. b. The granting of the application would create a public nuisance. c. The normal operation of the premises would interfere with the normal peace and quiet of any surrounding residential neighborhood. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby denies the application without prejudice. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF DECEMBER 1996. PLANNING •44' . - =oF THE CITY OF RANCHO CUCAMONGA i1 BY: logos E. I- - rman ATTEST:G�%Jr�% _ Brk Si; re =ry 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 10th day of December 1997, by the following vote-to-wit: PLANNING COMMISSION RESOLUTION NO. 97-63 MOD. TO EP 93-03 - FINAL SCORE December 10, 1997 Page 3 AYES: COMMISSIONERS: BARKER, BETHEL, MACIAS, MCNIEL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE