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HomeMy WebLinkAbout99-49 - Resolutions RESOLUTION NO. 99-49 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,APPROVING CONDITIONAL USE PERMIT NO. 99-06 FOR EXPANSION OF AN EXISTING 2,800 SQUARE FOOT CIGAR SHOP WITH BAR TO INCLUDE OUTDOOR SEATING AND SERVING OF ALCOHOLIC BEVERAGES AND AN ADDITIONAL 550 SQUARE FEET OF FLOOR AREA IN THE VIRGINIA DARE BUSINESS CENTER, IN THE GENERAL COMMERCIAL DISTRICT, LOCATED AT 8034 HAVEN AVENUE, SUITE B, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-661-02. A. Recitals. 1. Daniel Bruncati has filed an application for the issuance of Conditional Use Permit No. 99-06, 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 26th day of May 1999, 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 May 26th, 1999, including written and oral staff reports,togetherwith public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 8034 Haven Avenue, Suite B with a street frontage of 120 feet and lot depth of 104 feet and which is presently improved; and b. The property to the north of the subject site is developed with a shopping center and multi-screen theater,the property to the south consists of vacant land,the property to the east is developed with the Terra Vista Shopping Center, and the property to the west is developed with a shopping center; and c. Good Fellas Fine Cigar Shop is a cigar lounge that serves beer and wine and is compatible to the surrounding businesses; and d. On May 27, 1998, this Planning Commission adopted its Resolution No. 98-35 to allow indoor entertainment and billiards. PLANNING COMMISSION RESOLUTION NO. gg_gg CUP 99-06 - GOOD FELLAS FINE CIGARS May 26, 1999 Page 2 e. On October 23, 1998, the Department of Alcoholic Beverage Control observed two minors consuming alcoholic beverages, and several patrons consuming alcoholic beverages (distilled spirits), on the Good Fellas Fine Cigar Shop patio. The premises is currently licensed for beer and wine only.The Department accepted a fine in lieu of a 15-day suspension of the license. f. The application contemplates the consumption of alcoholic beverages on the patio. 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 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. 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. 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. Planning Division 1) No entertainment shall be permitted outdoors. 2) All previously approved Conditions of Approval pertaining to Conditional Use Permit 97-37 and Entertainment Permit 98-01 shall apply. 3) The patio shall be supervised by a security guard at all times it is in use. 4) Hours of operation for the patio shall be Monday through Thursday from 4 p.m. to 12 a.m. and Friday and Saturday from 2 p.m. to 1 a.m. 5) The outdoor patio shall be fenced off using planter boxes or low-level decorative fencing subject to City Planner approval. The fencing or planter boxes shall be installed prior to commencement of the use. 6) The premises shall be kept clean, and the operator shall make all reasonable efforts to see that no trash or litter originating from the use is deposited on adjacent properties. (i.e. bottles, glassware, etc.) PLANNING COMMISSION RESOLUTION NO. 99-49 CUP 99-06 - GOOD FELLAS FINE CIGARS May 26, 1999 Page 3 7) Any signs posted shall conform to the provisions of the Sign Ordinance and Uniform Sign Program as established in the center. 8) Approval of this request shall not waive compliance with any sections of the Industrial Area Specific Plan, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 9) If operation of the facility causes adverse effects upon adjacent businesses or operations,the Conditional Use Permit shall be brought before the City Planner for consideration and possible termination of the use. 10) The facility shall be operated in conformance with the performance standards as defined in the Development Code including, but not limited to, noise levels. 11) Any further violation of the Alcoholic Beverage Control License shall be grounds for considering revocation of this Conditional Use Permit. Upon receipt of any alcohol related violations as determined by the Department of Alcoholic Beverage Control or the City of Rancho Cucamonga staff, shall initiate a revocation hearing. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 26th DAY OF MAY 1999. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: at t..4/`-/' hi 4file Lari7a. McNiel, Chairman ATTEST: Iiff<S "/ BrT/'"ller, Mrrr 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 26th day of May 1999, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE