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HomeMy WebLinkAbout97-67 - Resolutions RESOLUTION NO. 97-67 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 97-23 FOR A NIGHT CLUB AND SPORTS BAR, INCLUDING ENTERTAINMENT, D.J. MUSIC, DANCING, SATELLITE TELEVISION, AMUSEMENT DEVICES (POOL TABLES, DART BOARDS), AND ON-SITE CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN AN EXISTING 7,930 SQUARE FOOT BUILDING IN THE COMMUNITY COMMERCIAL DESIGNATION (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT 10134 FOOTHILL BOULEVARD AND MAKING FINDINGS IS SUPPORT THEREOF - APN: 1077-601-07 A. Recitals. 1. Charles Joseph and Associates has filed an application for the issuance of Conditional Use Permit No. 97-23, 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 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 10134 Foothill Boulevard with a street frontage of 214 feet on Foothill Boulevard and 220 feet on Hermosa Avenue and is presently improved with a motel, convenience market, and vacant restaurant/night club building; and b. The property to the north of the subject site is designated for commercial uses and is vacant, the property to the south consists of a restaurant, the property to the east is developed with a residence, and the property to the west is occupied by a motel and convenience market; and c. Night clubs serving alcoholic beverages and/or providing entertainment are allowed in the Community Commercial designation of the Foothill Boulevard Specific Plan subject to review and approval of a Conditional Use Permit application; and d. The subject property is within a designated Activity Center pursuant to the Foothill Boulevard Specific Plan; and e. The development of the night club and sports bar is consistent with the Community Commercial designation of the Foothill Boulevard Specific Plan and the Commercial designation of the General Plan; and PLANNING COMMISSION RESOLUTION NO. 97-67 CUP 97-23 - TWINS BAR & GRILL December 10, 1997 Page 2 f. The application proposes to upgrade the site to include providing additional parking and landscaping consistent with the requirements of the Foothill Boulevard Specific Plan and the Development Code; and g. The application, with the attached conditions of approval, will comply with all applicable standards of the Foothill Boulevard Specific Plan and 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. 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 in that the use provides a neighborhood/district level commercial service including commercial recreation activities. 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 because the applicant will implement a security system and certain site improvements to control activities related to the use; and c. The proposed use complies with each of the applicable provisions of the Development Code since the applicant is upgrading the existing parking area to meet current standards. 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 and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Division 1) All conditions of approval contained in the resolution of approval for Entertainment Permit 97-02 shall apply. 2) The days and hours of operation shall be limited to between 10:00 a.m. and 12:00 midnight Sunday through Wednesday and 10:00 a.m. to 2:00 a.m. Thursday through Saturday. The hours of operation may be modified at the six month Planning Commission monitoring review per Condition 16 below. 3) Upon removal of the two driveways in front of the convenience store, landscaping shall be installed. The final plans shall be reviewed and approved by the City Planner and City Engineer, prior to building permit issuance. 4) The existing roofing shall be painted a color complimentary to the building, prior to occupancy to the satisfaction of the City Planner. Within three years of occupancy, the roofing shall be replaced with entirely new material subject to City Planner review and approval. The new material shall have an integral color and not be painted. PLANNING COMMISSION RESOLUTION NO. 97-67 CUP 97-23 - TWINS BAR & GRILL December 10, 1997 Page 3 5) Wrought iron fencing shall be provided around the perimeter of the site excluding the northern-most and eastern-most property lines, which may have chain link fencing on an interim basis to the satisfaction of the City Planner. 6) Wrought iron fencing shall be decorative and include decorative masonry pilasters to the satisfaction of the City Planner. 7) Landscape planters shall be provided around the perimeter of the site a minimum of 5 feet wide per the approved landscape plan to the satisfaction of the City Planner. 8) Any exterior changes to the building, including but not limited to, awnings, windows, and signs, shall be subject to review and approval by the City Planner. 9) Roof screening shall be provided on all sides to screen views of the existing and any new rooftop equipment. The final design of the screen shall be reviewed and approved by the City Planner, prior to the issuance of building permits or the commencement of use, whichever comes first. 10) Landscaping and hard scape shall be installed across the Foothill Boulevard frontage within the 25-foot building setback area, as measured form the ultimate curb, consistent with the requirements of the Foothill Boulevard Specific Plan Activity Center. The developer may defer the portion within the public right-of-way subject to contribution towards future construction which shall be provided prior to building permit issuance. 11) The final plans for accent paving at the project entry outside the public right-of-way shall be reviewed and approved by the City Planner, prior to building permit issuance or commencement of use, whichever comes first. 12) The building shall be repainted. The final color shall be reviewed and approved by the City Planner, prior to building permit issuance or commencement of use, whichever occurs first. 13) Security personnel shall be provided within the parking area at all times during evening and night hours. 14) Approval is granted fora night dub/sports bar with D.J. music, dancing, satellite television, and amusement devices (pool tables, dart boards) as identified in Entertainment Permit 97-02. No adult entertainment is permitted. 15) If the operation of the business creates law enforcement and/or fire safety problems, such as but not limited to, loitering and disturbances, noise, overcrowding, blocked fire exits, etc., the Conditional Use Permit shall be brought before the Planning Commission for consideration of modification and/or revocation. PLANNING COMMISSION RESOLUTION NO. 97-67 CUP 97-23 - TWINS BAR & GRILL December 10, 1997 Page 4 16) All existing signs shall be removed or modified, subject to City Planner review and approval of a Sign Permit,to conform to the Citys Sign Ordinance. 17) A copy of this resolution and the resolution for Entertainment Permit 97- 02 shall be attached to any lease for this space. 18) The Conditional Use Permit herein granted shall be monitored and brought back to the Planning Commission within six months from the date of occupancy to review compliance with all conditions of approval and applicable City Ordinances. Failure to comply with the conditions of approval or applicable City Ordinances shall cause the suspension of the Conditional Use Permit by the Planning Commission. Enoineering Division: 1) Contribution towards the cost of construction for full frontage improvements on Hermosa Avenue shall be provided. An agreement shall be processed with the City Council determining a payment schedule or bond amount prior to building permit issuance. 2) Contribution towards the cost of construction for full frontage improvements on Foothill Boulevard shall be provided. An agreement shall be processed with the City Council determining a payment schedule or bond amount prior to building permit issuance. 3) Install the median, including landscaping and irrigation, of Foothill Boulevard. a) The minimum limits of the median shall be determined by Caltrans and the City Engineer. The existing pavement shall be widened as necessary to accommodate the median, four travel lanes, and sufficient shoulder within the existing right-of-way. The developer shall be eligible for reimbursement as redevelopment/development occurs to the full amount, less the value of the street frontage. b) If all other conditions of approval have been met to occupy the structure and Caltrans has not determined if the median will be allowed, the applicant may post a cash deposit or other security acceptable to the City Engineer to cover the cost of the median installation. The deposit amount shall be approved by the City Engineer and shall be paid prior to occupance of the structure. An agreement shall be processed with the deposit outlining the responsibility of the applicant to continue the processing with Caltrans for the installation of the median island. c) If Caltrans does not allow installation of the median at this time, contribution towards one-half the cost of construction of the Foothill Boulevard median, including landscaping and irrigation per linear foot of frontage, shall be provided. An agreement shall be processed with the City Council determining a payment schedule or bond amount prior to building permit issuance. 4) An ingress/egress easement shall be provided for all adjacent properties. PLANNING COMMISSION RESOLUTION NO. 97-67 CUP 97-23 - TWINS BAR & GRILL December 10, 1997 Page 5 5) Connection to the private drainage system which flows into the back of the basin on Hermosa Avenue requires structural analysis. Substantiate both the structural integrity of the existing basin with the proposed connection and the structural integrity of the method of connection to the basin. 6) The vehicle stacking distance from Foothill Boulevard shall be a minimum of 75 feet from the ultimate face of curb. The final plans shall reflect this requirement and shall be reviewed by the City Engineer, prior to the issuance of building permits. 7) The three driveways fronting Foothill Boulevard on this site shall be consolidated into one standard 35-foot commercial driveway. The driveway location shall be reviewed and approved by the City Engineer, prior to building permit issuance. 8) A contribution towards the cost of construction of one-fourth of the special pavers within the Foothill Boulevard/Hermosa Avenue intersection shall be paid to the City. An agreement shall be processed with the City Council determining a payment schedule or bond amount prior to building permit issuance. The fee amount shall be based on the square footage of the intersection. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF DECEMBER 1997. PLANNING • - -_ills 4. THE CITY OF RANCHO CUCAMONGA _ LW II BY: agtillii_ Day . Barker, Cha. man �- ,/ ATTEST: _�_rr_�_ �1__ Brad •t!Tj!i'Se eta 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 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: CONDITIONAL USE PERMIT 97-23 SUBJECT: CONDITIONAL USE PERMIT FOR NIGHT CLUB/SPORTS BAR APPLICANT: CHARLES JOSEPH &ASSOCIATES LOCATION: 10134 FOOTHILL BOULEVARD ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909)477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. Time Limits Completion Date 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. B. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which 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, the Foothill Boulevard Specific Plan. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions /_/_ of Approval shall be completed to the satisfaction of the City Planner. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and /_/_ State Fire Marshal 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 buildings 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 the 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. SC-6197 1 Project No. CUP 97-23 Completion Date 6. Approval of this request shall not waive compliance with all sections of the Development Code, _/_/_ all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved _/_/_ by the City Planner and Police Department(477-2800) 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. Trash receptacle(s)are required and shall meet City standards. The final design, locations, and / /_ the number of trash receptacles shall be subject to City Planner review and approval prior to the issuance of building permits. 9. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall 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. For single family residential developments, transformers shall be placed in underground vaults. 10. All building numbers and individual units shall be identified in a clear and concise manner, _/_/_ including proper illumination. 11. Graffiti shall be removed within 72 hours. / / 12. The entire site shall be kept free from trash and debris at all times and in no event shall trash and /_/_ debris remain for more than 24 hours. 13. Signs shall be conveniently posted for"no overnight parking" and for"employee parking only." _/_/_ 14. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - All commercial activities shall not create any noise that would exceed an _/_/_ exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading - No person shall cause the loading, unloading, opening, closing, _/_/_ or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m. and 7 a.m. unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. 15. Hours of operation shall be restricted to 10 a.m. until 2 a.m. / / C. Building Design 1. All roof appurtenances, including air conditioners and other roof mounted equipment and/or _/_/_ projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Division. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be included in building plans. SC-6/97 2 Project No. CUP 97-23 Completion Date D. Parking and Vehicular Access (indicate details on building plans) 1. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall / /_ contain a 12-inch walk adjacent to the parking stall (including curb). 2. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, _/_/_ and exits shall be striped per City standards. 3. Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more _/_/_ parking stalls. Designate two percent or one stall, whichever is greater, of the total number of stalls for use by the handicapped. E. Landscaping 1. A detailed landscape and irrigation plan shall be prepared by a licensed landscape architect and / /_ submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. A minimum of 30% shall be specimen size trees-24-inch box or larger. / /_ 3. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking _/_/_ stalls, sufficient to shade 50% of the parking area at solar noon on August 21. 4. For multi-family residential and non-residential development, property owners are responsible for /_/_ the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage. 5. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included _/ /_ in the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Division. 6. Landscaping and irrigation systems required to be installed within the public right-of-way on the / /_ perimeter of this project area shall be continuously maintained by the developer. 7. All walls and fences shall be provided with decorative treatment. If located in public maintenance _/ /_ areas, the design shall be coordinated with the Engineering Division. 8. Tree maintenance criteria shall be developed and submitted for City Planner review and approval _/ /_ prior to issuance of building permits. These criteria shall encourage the natural growth characteristics of the selected tree species. 9. Landscaping and irrigation shall be designed to conserve water through the principles of /_/_ Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. F. Signs 1. The signs indicated on the submitted plans are conceptual only and not a part of this approval. / /_ Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Division prior to installation of any signs. SC-6197 3 Project No. CUP 97-23 Completion Date APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: G. Site Development 1. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical / /_ Code, Uniform Plumbing Code, National Electric Code, and all other applicable codes, ordinances, and regulations in effect at the time of issuance of relative permits. Please contact the Building and Safety Division for copies of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new commercial or industrial development or addition / /_ to an existing development, the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: Transportation Development Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees. H. Grading 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City /_/_ Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. APPLICANT SHALL CONTACT THE ENGINEERING DIVISION,(909)477-2740,FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: I. Dedication and Vehicular Access 1. Corner property line cutoffs shall be dedicated per City Standards. _/ /_ 2. Vehicular access rights shall be dedicated to the City for the following streets, except for / /_ approved openings: J. Street Improvements 1. All public improvements(interior streets, drainage facilities, community trails, paseos, landscaped _/_/_ areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees. 2. Construct the following perimeter street improvements including, but not limited to: Curb AC.A.C. Side- Drive Street Street Corn Media Bike Other Street Name 8 Pvmt walk Appr. Lights Trees m n Trail Gutter Trail Island Foothill Blvd. X X • Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per STD. 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. sc-erw 4 • Project No CUP 97-23 Completion Date 3. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights /_/_ on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. • b. Prior to any work being performed in public right-of-way, fees shall be paid and a _/ /_ construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and _/_/_ interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any.new construction or reconstruction / /_ project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer. Notes: (1) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. (2) Conduit shall be 3-inch (at intersections) or 2-inch (along streets) galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all corners of intersections per City _/_/_ Standards or as directed by the City Engineer. • f. Existing City roads requiring construction shall remain open to traffic at all times with _/_/_ adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be / /_ installed to City Standards, except for single family residential lots. h. Street names shall be approved by the City Planner prior to submittal for first plan check. / /_ 4. A permit shall be obtained from Caltrans for any work within the following right-of-way: Foothill _/ /_ Boulevard. K. Public Maintenance Areas 1. A separate set of landscape and irrigation plans per Engineering Public Works Standards shall /_/_ be submitted to the City Engineer for review and approval prior to final map approval or issuance of building permits, whichever occurs first. The following landscaped parkways, medians, paseos, easements, trails or other areas shall be annexed into the Landscape Maintenance District: Foothill Boulevard. SC-6197 5 Project No. CUP 97-23 Completion Date 2. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting _/ /_ Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. 3. All required public landscaping and irrigation systems shall be continuously maintained by the _/_/_ developer until accepted by the City. L. Utilities 1. The developer shall be responsible for the relocation of existing utilities as necessary. _/ /_ APPLICANT SHALL CONTACT THE FIRE PREVENTION/NEW CONSTRUCTION UNIT, (909) 477-2730, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: M. General Fire Protection Conditions 1. A fire alarm system(s) shall be required as noted below: X Per Rancho Cucamonga Fire Protection District Ordinance 15. _/_/_ X California Code Regulations Title 24. / /_ 2. Emergency access, a minimum of 26 feet wide, shall be provided, and maintained free and clear _/_/_ of obstructions at all times, during construction in accordance with Fire District requirements. 3. A Knox rapid entry key vault shall be installed prior to final inspection. Proof of purchase shall / /_ be submitted prior to final building plan approval. Contact the Fire Safety Division for specific details and ordering information. 4. Plan check fees in the amount of$62.50 shall be paid: X Prior to final plan approval. _/ /_ Note: Separate plan check fees for fire protection systems (sprinklers, hood systems, alarms, etc.) and/or any consultant reviews will be assessed upon submittal of plans. 5. Plans shall be submitted and approved prior to construction in accordance with 1994 UBC, UFC, _/_/_ UPC, UMC, NEC, and RCFD Standards 22 and 15. N. Special Permits 1. Special permits may be required, depending on intended use, as noted below: a. Places of assembly (except churches, schools, and other non-profit organizations). / /_ sc-6197 6