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HomeMy WebLinkAbout97-64 - Resolutions RESOLUTION NO. 97-64 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 97-38, A REQUEST TO ESTABLISH A BAR IN CONJUNCTION WITH A RESTAURANT THAT OFFERS ENTERTAINMENT WITHIN THE THOMAS WINERY PLAZA, IN THE SPECIAL COMMERCIAL DISTRICT, SUBAREA 2, OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT 8916 FOOTHILL BOULEVARD, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-101-23. A. Recitals. 1. Ron Bozarth has filed an application for the issuance of Conditional Use Permit No. 97-38, 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 10th day of December 1997, 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 the substantial evidence presented to this Commission during the above- referenced public hearing on 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 8916 Foothill Boulevard, on the northeast corner of Foothill Boulevard and Vineyard Avenue which is improved with a commercial center. b. The property to the north is developed with a commercial center and is part of the Thomas Winery Plaza, the properties to the south are developed with a gas station, liquor store, and fast food restaurant, the property to the east is developed with a commercial center, and the property to the west is vacant but approved for a commercial center. c. The proposed use, a bar for the serving of alcoholic drinks in conjunction with a restaurant, is consistent with the Special Commercial District of the Foothill Boulevard Specific Plan. d. The commercial center has sufficient parking spaces to accommodate the proposed use based on a Parking Study prepared by a traffic engineer consultant. e. The proposed use would be compatible with the surrounding uses. 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: PLANNING COMMISSION RESOLUTION NO. 97-64 CUP 97-38 - DESPERADO'S December 10, 1997 Page 2 a. The proposed use is in accord with the General Plan, the objectives of the Development Code and the Foothill Boulevard Specific Plan, and the purposes of the district in which the site is located. 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. c. The proposed use complies with each of the applicable provisions of the Development Code and the Foothill Boulevard Specific Plan. 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) Approval is for a 5,300 square foot bar and restaurant with entertainment (EP 97-04). Expansion or intensification of the bar facility shall require a modification to the Conditional Use 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 of this date. 3) Approval of this request shall not waive compliance with any sections of the Foothill Boulevard Specific Plan, State Fire Marshal's regulations, Uniform Building Code, or any 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. 5) The facility shall be operated in conformance with the performance standards as defined in the Development Code including, but not limited to noise levels. 6) Any signs proposed for the facility shall be designed in conformance with the City Sign's Ordinance and the Uniform Sign program for the Thomas Winery Plaza and shall require review and approval by the City Planner prior to installation. 7) The hours of operation for the bar shall be from 4 p.m. until 2 a.m., Tuesday through Saturday and 3 p.m. until 2 a.m. on Sunday. 8) A separate Conditional Use Permit is required if there are more than three coin-operated amusement devices on the premises. PLANNING COMMISSION RESOLUTION NO. 97-64 CUP 97-38 - DESPERADO'S December 10, 1997 Page 3 9) Any historic artifacts such as the conveyor belt and the stairs shall be maintained in place and kept in good condition. 10) The food and drinks menu shall include a short history of the Thomas Winery. The written history shall be submitted for City Planner review and approval prior to publication. 11) Private parties with or without bar service and entertainment may be allowed during the day and must end before the regular bar and entertainment begins. Building and Fire Safety Division 1) Occupancy of the facility shall not commerce 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 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 AND ADOPTED THIS 10TH DAY OF DECEMBER 1997. PLANNING a •r, SIONilpTHE CITY OF RANCHO CUCAMONGA 1111 iallii% BY: . nit D. id L arker, Ch- rman ATTEST: S iilLlAe_ Brain -c Tir 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: AYES: COMMISSIONERS: BARKER, BETHEL, MACIAS, MCNIEL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE