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&
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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.
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SC • 2/9l 2 ef=z. -