HomeMy WebLinkAbout97-62 - Resolutions RESOLUTION NO. 97-62
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, DENYING WITHOUT PREJUDICE
CONDITIONAL USE PERMIT NO. 97-11, A REQUEST TO EXPAND THE
BAR USE TO INCLUDE THE SERVING OF ALCOHOL WITHIN AN
OUTDOOR PATIO AREA FOR AN EXISTING BAR AND RESTAURANT 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. Gary Rousa has filed an application for the issuance of Conditional Use Permit No. 97-11,
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, 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 the substantial evidence presented to this Commission during the above-
referenced public hearings 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 improved with several buildings and
structures; and
b. The property to the north contains a restaurant; the properties to the south contain
abandoned railroad tracks, single family homes, and townhouses; the property to the west is vacant
but planned for a mixed use development consisting of retail, office, and mini-storage; and
c. The applicant has improved the site with a 1,400 square foot fenced outdoor patio
area east of the building; and
d. The outdoor patio area is for the serving of food and non-alcoholic drinks in
conjunction with a restaurant and is considered an ancillary use and is permitted; and
e. The serving of alcohol in the outdoor patio area is considered as an expansion of
the bar use which requires a Conditional Use Permit under Foothill Boulevard Specific Plan; and
f. Related to the Conditional Use Permit application is Entertainment Permit 93-03.
At the public hearings for Entertainment Permit 93-03 between 1994 and 1996, the Planning
PLANNING COMMISSION RESOLUTION NO. 97-62
CUP 97-11 - FINAL SCORE
December 10, 1997
Page 2
Commission received input from adjacent residents who had complained about nuisance problems
such as loud music, loud noise, and disturbances. After completion of a Noise Study and the
imposing of interior and exterior control measures that addressed these identified nuisance
problems, the Commission granted approval of the Entertainment Permit on February 14, 1996; and
g. A concern with the serving of alcoholic drinks within the outdoor patio area is the
increased opportunities for nuisance problems such as loud noise and loud music spilling out from
doors of the building. These nuisance problems would negatively impact the adjacent residents.
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 not 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 be
detrimental to the public health, safety, or welfare or materially injurious to properties or
improvements in the vicinity.
4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 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 1997.
PLANNI C• • • %' F THE CITY OF RANCHO CUCAMONGA
BY: frit
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ATTEST.
Br r, '-creta
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