HomeMy WebLinkAbout98-32 - Resolutions RESOLUTION NO. 98-32
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 98-04, A REQUEST TO ESTABLISH A SPORTS BAR,
ARCADE, AND BILLIARDS IN CONJUNCTION WITH A RESTAURANT IN
AN EXISTING BUILDING WITH A TOTAL FLOOR AREA OF 7,900 SQUARE
FEET, IN THE COMMUNITY COMMERCIAL DISTRICT OF THE TERRA
VISTA COMMUNITY PLAN, LOCATED AT 10990 FOOTHILL BOULEVARD,
SUITE 110, AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 1077-421-95.
A. Recitals.
1. Bob Thomas of The Beer Hunter has filed an application for the issuance of Conditional
Use Permit No. 98-04, 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 13th day of May 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 May 13, 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 10990 Foothill Boulevard, Suite 110
and is within Town Center Square, a fully improved 25-acre commercial center
b. The property to the north is zoned multi-family residential and a park and is
undeveloped; the property to the south is zoned industrial and is undeveloped; the property to the
east is zoned Mixed Use of Financial, Restaurants, and Residential and is undeveloped except for
the northeast corner of Elm Avenue and Foothill Boulevard where a gas station with quick service
drive-thru restaurant are under construction; and the property to the west is zoned commercial and
is developed with a 50-plus acres Terra Vista Town Center.
c. The proposed uses--sports bar, billiard and arcade--will be compatible with
the surrounding businesses within Town Center Square and the surrounding land uses.
d. The commercial center where the proposed business is located has sufficient
parking spaces to accommodate the proposed uses.
e. The proposed business will add to the diversity of services available to the
community.
PLANNING COMMISSION RESOLUTION NO. 98-32
CUP 98-04 - BEER HUNTER
May 13, 1998
Page 2
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 Terra Vista Community Plan, 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 and the Terra Vista Community 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) Approval is for a 7,900 square foot restaurant with a sports bar,
billiards with four pool tables, and an arcade with five amusement
devices. Expansion or intensification of the bar, billiard, and arcade
facilities shall require a modification to the Conditional Use Permit.
2) Approval shall expire, unless extended by the City Planner, if building
permits are not issued or the approved use has not been commenced
within 24 months of this date.
3) If operation of the facilities 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.
4) The facility shall be operated in conformance with the performance
standards as defined in the Development Code including, but not
limited to noise levels.
5) The Floor Plan shall be revised to include seating area adjacent to
store front windows located at the southeast side of the building near
the tower element and the south side of the east elevation, subject to
City Planner review and approval.
6) Store front windows shall have spandrel glass where service areas
such as kitchen, storage area, etc., are adjacent to the windows,
subject to City Planner review and approval.
PLANNING COMMISSION RESOLUTION NO. 98-32
CUP 98-04 - BEER HUNTER
May 13, 1998
Page 3
7) The design of the outdoor seating area including fencing, hardscape,
landscape, patio furniture and umbrellas, shall be consistent with the
theme established in the Town Center Square. Detail design shall be
subject to City Planner review and approval.
8) Deliveries shall not be at the south elevation where it faces Foothill
Boulevard.
9) Any entertainment proposed shall require a separate Entertainment
Permit.
10) No adult entertainment as defined in Rancho Cucamonga Municipal
Code, Section 17.04.090 shall be permitted.
11) Any signs proposed for the facility shall be designed to be in
conformance with the City's Sign Ordinance and a Uniform Sign
Program No. 123 for the Town Center Square. Plans shall be
submitted for City Planner review and approval, prior to permits and
installation.
12) If the operation of the facility causes nuisance problems, the City
Planner may require the applicant to submit and implement a security
personnel plan to mitigate the problem, subject to City Planner review
and approval.
13) No person under 18 years of age may enter, be in, or remain in any part
of a game arcade or billiards 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.
14) Change-making or token exchange facilities shall be provided for patron
use inside the premises.
15) Access to the arcade and billiard must be from the main entrance to the
primary use and not from a separate exterior entrance.
16) Adequate interior clear space shall be provided for safe and convenient
patron circulation and shall meet the following minimum standards:
a) Amusement 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.
PLANNING COMMISSION RESOLUTION NO. 98-32
CUP 98-04 - BEER HUNTER
May 13, 1998
Page 4
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.
17) 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.
Building and Safety/Fire Prevention Division
1) Occupancy of the facility shall not commence until such time as all
uniform building codes and State Fire Marshal's regulations have been
complied with. Detailed plans shall be submitted to the Rancho
Cucamonga Fire District and the Building and Safety Division for review
and approval, prior to issuance of building permits. The building shall
be inspected for compliance, prior to occupancy.
2) Any modification to the approved plans after occupancy of the building
may require additional review and/or permits from the Fire District and
the Building and Safety Division.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 13TH DAY OF MAY 1998.
PLANNING Cs MISSIO SF THE CITY OF RANCHO CUCAMONGA
BY: ,
E. D!h• r=irman
ATTEST: ra�'
Brad Buis. lcretaW
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 13th day of May 1998, 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 98-04
SUBJECT: 7,900 sq. ft. Restaurant with a sport bar, arcade, and billiard
APPLICANT: The Beer Hunter
LOCATION: 10990 Foothill Boulevard, Suite 110
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. General Requirements Completion Date
1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/ /_
agents, officers, or employees, because of the issuance of such approval, or in the alternative,
to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or
employees, for any Court costs and attorney's fees which the City, its agents, officers, or
employees may be required by a court to pay as a result of such action. The City may, at its
sole discretion, participate at its own expense in the defense of any such action but such
participation shall not relieve applicant of his obligations under this condition.
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 Terra Vista Community 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. 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.
SC-3/98 1
Project No. CUP 98-04
Completion Date
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
C. Site Development
1. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical _/ /_
Code, Uniform Plumbing Code, National Electric Code, Title 24 Accessibility requirements, 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.
D. New Structures
1. Plans for food preparation areas shall be approved by County of San Bernardino Environmental _/_/_
Health Services prior to issuance of building permits.
APPLICANT SHALL CONTACT THE FIRE PREVENTION/NEW CONSTRUCTION UNIT, (909) 477-2730,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
E. 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.
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. / /_
4. 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.
5. Plan check fees in the amount of$132.00 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.
sc•3/98 2
Project No. CUP 98-04
Completion Date
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.
F. 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). _/_/_
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