HomeMy WebLinkAbout98-06 - Resolutions RESOLUTION NO. 98-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 97-30 TO ESTABLISH AND LEGALIZE A
RESTAURANT/SPORTS GRILL INCLUDING ON-SITE INDOOR AND
OUTDOOR CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN AN
EXISTING 9,000 SQUARE FOOT LEASE SPACE IN THE REGIONAL
COMMERCIAL DESIGNATION (SUBAREA 4) OF THE FOOTHILL
BOULEVARD SPECIFIC PLAN LOCATED WITHIN THE FOOTHILL
MARKETPLACE SHOPPING CENTER AT 12809 FOOTHILL BOULEVARD
AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 229-031-33.
A. Recitals.
1. Michael Galaz has filed an application for the issuance of Conditional Use Permit
No. 97-30, 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 14th day of January and continued to the 11th day of February 1998, 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 January 14, and February 11, 1998, 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 12809 Foothill Boulevard and adjoins
the main pedestrian plaza for the Foothill Marketplace shopping center; and
b. The application applies to an existing sports bar that has been in operation at this
location for nine months, with a closing time of 2:00 a.m., without complaint; and
c. The property to the north of the subject site is designated for commercial uses and
is developed with offices, a church, retail, and a service station; the property to the south consists
of a Metropolitan Water District reservoir; the property to the east is developed with single family
homes; and the property to the west consists of other lease spaces within the Foothill Marketplace
shopping center; and
d. The application contemplates indoor and outdoor live entertainment, karaoke, DJ
music, dancing, amusement devices (arcade games, pool tables, dart boards, kids theater/play
area), and on-site indoor and outdoor consumption of alcoholic beverages within an existing 9,000
square foot lease space; and
PLANNING COMMISSION RESOLUTION NO. 98-06
CUP 97-30 - MICHAEL GALAZ (MVP SPORTS GRILL)
February 11, 1998
Page 2
e. Restaurants serving alcoholic beverages and/or providing entertainment are allowed
in the Regional Commercial designation of the Foothill Boulevard Specific Plan subject to review and
approval of a Conditional Use Permit application; and
f. The subject property is within a designated Activity Center pursuant to the Foothill
Boulevard Specific Plan; and
g. The development of the sports bar is consistent with the Regional Commercial
designation of the Foothill Boulevard Specific Plan and the Commercial designation of the General
Plan; and
h. 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 Foothill Boulevard Specific Plan, 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 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
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 97-03 shall apply.
2) No outdoor serving of alcoholic beverages nor indoor entertainment
activities shall commence all conditions have been met.
3) The days and hours of operation shall be limited to between 9:00 a.m.
and 2:00 a.m. Saturdays and Sundays and 11:00 a.m. to 2:00 a.m.
Monday through Friday.
PLANNING COMMISSION RESOLUTION NO. 98-06
CUP 97-30 - MICHAEL GALAZ (MVP SPORTS GRILL)
February 11, 1998
Page 3
4) The areas designated for the outdoor serving of alcoholic beverages
may be enclosed for security. Any security fencing shall be
decorative wrought iron railing or similar decorative material and shall
not conflict with pedestrian passage ways or other businesses. The
specific type, design, and placement of any enclosure shall be subject
to City Planner review and approval.
5) Outdoor furniture associated with the proposed outdoor dining shall
be limited to the number and location shown on the approved Site
Plan, shall be designed to withstand high Santa Ana winds, and shall
be consistent with the Foothill Marketplace design theme to the
satisfaction of the City Planner.
6) Roof screening shall be provided on all sides to screen views of any
new rooftop equipment if needed. The final design of the screen shall
be reviewed and approved by the City Planner.
7) Approval is granted for a sports bar with indoor live entertainment,
D.J. music, karaoke, dancing, and amusement devices (arcade
games, pool tables, dart boards, kids play area) as identified in
Entertainment Permit 97-03 and on-site indoor and outdoor serving
of alcoholic beverages. No adult entertainment is permitted.
8) 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.
9) A copy of this resolution and the resolution for Entertainment Permit
97-03 shall be attached to any lease for this space.
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10) No person under 18 years of age may enter, be in, or remain in any
part of a game arcade during the hours school is in regular session
and after curfew. 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.
(11) The following levels of adult, 21 years of age or older, supervision
shall be maintained at all times during business hours:
1-25 Amusement Devices: - 1 Adult Supervisor
26-50 Amusement Devices: - 2 Adult Supervisors
51 + Amusement Devices: - 2 Adult Supervisors, Plus
1 Uniformed Security Guard
(12) Separate public restroom for men and women must be provided
within the approved building and controlled.
(13) An interior waiting area with seating facilities must be provided for
patrons wishing to relax or wait for an amusement device to become
available.
PLANNING COMMISSION RESOLUTION NO. 98-06
CUP 97-30 - MICHAEL GALAZ (MVP SPORTS GRILL)
February 11, 1998
Page 4
(14) Change-making or token exchange facilities shall be provided for
patron use inside the premises.
(15) Adequate exterior lighting shall be provided for evening security
adjacent to all entrances and exterior walls of the building where the
games are located. All lighting shall be arranged and shielded so as
to eliminate excessive glare or reflection onto adjoining properties or
businesses.
(16) 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 posted "Fire Exit Only."
(17) Adequate interior clear space shall be provided for safe and
convenient patron circulation and shall meet the following minimum
standards:
a) Adequate devices 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.
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 Sheriffs Department in order to
maintain public safety.
(18) Two parking stalls adjacent to the arcade shall be striped and
designated for "bicycle only" parking and provided with security
bicycle racks to the satisfaction of the City Planner. They shall be
installed within 60 days.
(19) No amusement device shall be used for purposes of or in connection
with gambling. The winning of anything of value shall constitute
gambling, except the winning of a prize in a scheduled tournament.
(20) No persons shall be permitted to enter, be in, or remain in any part of
the arcade while in the possession of, consuming, using or under the
influence of any alcoholic beverage or drugs. This shall be
prominently posted inside the arcade in letters not less than 1-inch in
height and shall be enforced by the Adult Supervisor.
(21) 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.
PLANNING COMMISSION RESOLUTION NO. 98-06
CUP 97-30 - MICHAEL GALAZ (MVP SPORTS GRILL)
February 11, 1998
Page 5
(22) Approval of this request shall not waive compliance with all sections
of the Development Code and all other applicable City Ordinance in
effect at the time a Certificate of Occupancy is granted.
(23) This approval shall run with the applicant and shall become void upon
a change of ownership or if the business operation ceases.
(24) The parking lot shall be posted "No Loitering" in letters not less than
1-inch in height on signs to the satisfaction of the City Planner and
Sheriffs Department.
(25) Use shall not commence until such time as all conditions herein,
Uniform Building Code and State Fire Marshal regulations have been
complied with. The premises and the grounds shall be inspected for
compliance prior to commencement of use.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 11TH DAY OF FEBRUARY 1998.
PLANNING COu ' _ - OF THE CITY OF RANCHO CUCAMONGA
BY:
"re- • c •hairman
I
ATTEST: ' - /at_
Brad secret:ry
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 11th day of February 1998, by the following vote-to-wit:
AYES: COMMISSIONERS: BARKER, BETHEL, MACIAS, MCNIEL
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: TOLSTOY
a COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT#: Conditional Use Permit 97-30/Entertainment Permit 97-03
SUBJECT: Sports Bar
APPLICANT: MVP Sports Bar- Micahel Galaz
. LOCATION: 12809 Foothill Bouelvard
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, and 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. 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.
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Project No.CUP 97-30/EP 97-03
Completion Date
C. Shopping Centers
1. A uniform hardscape and street furniture design including seating benches, trash receptacles, / /_
free-standing potted plants, bike racks, light bollards, etc., shall be utilized and be compatible with
the architectural style and the Foothill Marketplace theme. Detailed designs shall be submitted
for Planning Division review and approval prior to the issuance of building permits.
2. Graffiti shall be removed within 72 hours. / /
.3. The tenant space exterior/outdoor dining and entertainment area 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.
4. 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.
D. 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.
E. Landscaping
1. All walls, fences, and railings shall be provided with decorative treatment. / /_
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APPLICANT SHALL CONTACT THE FIRE PREVENTION/NEW CONSTRUCTION UNIT, (909) 477-2730,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
F. General Fire Protection Conditions
1. An automatic fire extinguishing system(s)will be required as noted below:
X Per Rancho Cucamonga Fire Protection District Ordinance 15. / /_
X Other: 1994 UBC. / /
Note: Special sprinkler densities are required for such hazardous operations as
woodworking, plastics manufacturing, spray painting, flammable liquids storage, high piled
stock, etc. Contact the Fire Safety Division to determine if sprinkler system is adequate
for proposed operations.
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Project No.CUP 97-30/EP 97-03
Completion Date
2. Sprinkler system monitoring shall be installed and operational immediately upon completion of _/_/_
sprinkler system.
3. 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. / /_
X Other NFPA 101. / /
4. Special permits may be required, depending on intended use. See attached list. _/_/_
5. 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.
6. Plans shall be submitted and approved prior to construction in accordance with 1994 UBC, UFC, _/_/_
UPC, UMC, NEC, and RCFD Standards 22 and 15.
G. 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). _/ /_
All requirements for exiting, fire, and life safety shall be addressed through Building Plan Check
process.
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