HomeMy WebLinkAbout98-35 - Resolutions RESOLUTION NO. 98-35
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE
PERMIT NO. 97-37 MODIFICATION TO ADD INDOOR ENTERTAINMENT
AND BILLIARDS TO AN EXISTING CIGAR SHOP AND BAR WITHIN A
LEASED SPACE OF 2,800 SQUARE FEET IN THE VIRGINIA DARE
BUSINESS CENTER, IN THE GENERAL COMMERCIAL DISTRICT,
LOCATED AT 8034 HAVEN AVENUE, SUITE B, AND MAKING FINDINGS
IN SUPPORT THEREOF - APN: 1077-661-02.
A. Recitals.
1. Daniel Bruncati has filed an application for the issuance of modification of Conditional
Use Permit No. 97-37, as described in the title of this Resolution. Hereinafter in this Resolution,
the subject Conditional Use Permit modification request is referred to as "the application."
2. On the 27th 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 27, 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 8034 Haven Avenue, Suite B, which
is within the Virginia Dare Business Center at the northwest corner of Foothill Boulevard and Haven
Avenue; and
b. The property to the north of the subject site is developed with a shopping center
and multi-screen theater, the property to the south consists of vacant land, the property to the east
is developed with the Terra Vista Shopping Center, and the property to the west is developed with
a shopping center; and
c. The proposed entertainment activities are permitted in the General Commercial
district subject to review and approval of an Entertainment Permit; and
d. The inclusion of dancing, billiards, live and DJ music, and karaoke with a cigar
lounge and bar is consistent with the General Commercial District and the Commercial designation
of the General Plan in that it provides a convenient form of commercial recreation while avoiding
the creation of nuisance; and
PLANNING COMMISSION RESOLUTION NO. 98-35
CUP 97-37 - DANIEL BRUNCATI
May 27, 1998
Page 2
e. The application, 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. 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. 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.
4. This 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:
Planning Division
1) All conditions of approval contained in the resolutions for approval for
Entertainment Permit 98-01 and Conditional Use Permit 97-37
(approved by City Planner November 12, 1997) shall apply.
2) The days and hours of operation for the entertainment shall be limited
to between noon to midnight Monday and Tuesday, noon to 2:00 a.m.
Wednesday thru Saturday, and noon to 10:00 p.m. Sunday. Any
expansion of days and/or hours shall require modification to this
permit.
3) Approval of this request shall not waive compliance with any sections
of the Development Code, State Fire Marshal's regulations, Uniform
Building Code, or any other City Ordinances.
4) All signs shall be consistent with the City's Sign Ordinance and the
Uniform Sign Program for the Virginia Dare Business Center. All non-
conforming signs shall be removed prior to initiating any of the
activities herein approved.
Building and Fire Safety Division:
1) An additional $132.00 plan check fee shall be paid prior to final plan
approval.
PLANNING COMMISSION RESOLUTION NO. 98-35
CUP 97-37 - DANIEL BRUNCATI
May 27, 1998
Page 3
2) Plans shall be submitted and plans approved prior to initiation of the
entertainment activities requested herein in accordance with 1994
UBC, UFC, UPC, UMC, NEC, and RCFD Standards.
3) The applicant shall apply for and seek approval of a public assembly
permit, prior to initiation of the entertainment activities requested
herein.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 27TH DAY OF MAY 1998.
PLANNING COMMISSIO■ • .E CITY OF RANCHO CUCAMONGA
Se
BY: I1�IG�. ita'
E. D: id Barker Ch: a
ATTEST: a
Brad B ,jcre
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 27th day of May 1998, by the following vote-to-wit:
AYES: COMMISSIONERS: BARKER, BETHEL, MACIAS, MCNIEL, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE