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HomeMy WebLinkAboutReso 24-17RESOLUTION NO. 24-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2024-00151, A REQUEST TO OPERATE A RESTAURANT AND BAR WITH FULL ALCOHOL SERVICE (DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL TYPE 47 LICENSE) WITHIN A PROPOSED 12,074 COMMERCIAL BUILDING AND TO ESTABLISH OUTDOOR RECREATIONAL COURTS AT THE SITE LOCATED WITHIN THE MIXED USE PLACETYPE OF THE RESORT SPECIFIC PLAN, LOCATED ON THE NORTHWEST CORNER OF 4TH STREET AND RESORT PARKWAY; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0210-102-07. A. Recitals. 1. The Applicant, Paul Frederick c/o Electric Pickle, filed an application for Conditional Use Permit DRC2024-00151, 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 22nd day of May 2024, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said 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 the substantial evidence presented to this Commission during the above -referenced public hearing on May 22, 2024, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a property generally located on the north side of 4"' Street between Resort Parkway and Cleveland Avenue; and b. The existing Land Use, General Plan and Zoning designations for the project site and adjacent properties are as follows: PLANNING COMMISSION RESOLUTION NO. 24-17 DRC2024-00151 ELECTRIC PICKLE MAY 22, 2024 Page 2 Land Use General Plan Zoning Site Vacant Urban The Resort Specific Plan, Planning Neighborhood Area 1A North Multi -Family Urban The Resort Specific Plan, Planning Residential Neighborhood Area 1A South City of Ontario Urban Commercial Ontario Center Specific Plan East Multi -Family Urban The Resort Specific Plan, Planning Residential Neighborhood Area 1A Office/Business Park 21sWest m to ment Century Employment Mixed Employment 2 (ME2) 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 use is consistent with the general plan designation. The site is within the Mixed Use Placetype within the Mixed Use Infill (PA1A) designation. PA1A is planned as a mixed use village, providing a range of opportunities for a variety of living, recreational, and working settings. This village is surrounded by regional shopping, medium- to high -density residential, a range of large -format commercial and industrial employers, and various community services and amenities The proposed uses contribute to the commercial and recreational uses provided within PA1A. The use is consistent with the general plan. b. The use is consistent with the purposes of the Development Code and purposes of the applicable zone as well as any applicable specific plans or city regulations and standards. A restaurant with full alcohol service, and outdoor recreational courts, are allowed uses in the Mixed Use (MU) Placetype upon the approval of a Conditional Use Permit. The uses are consistent with the zoning designation and Development Code and specific plan in that the uses are expected as they fulfill the variety of uses with the village environment which is consistent with the current development pattern of the Specific Plan. Neither the Development Code nor the Specific Plan have any specific regulations or standards to apply to the operations of a restaurant with full alcohol service or outdoor recreational courts. However, included conditions of approval mitigate any potential impacts by regulating noise, hours of operation, and use of the site. C. The site is suitable for the type, density, and intensity of the use. The site is currently vacant but is proposed to be developed under a separate entitlement (Design Review DRC2023-00248) and will be improved with a commercial building specifically for the restaurant and bar, outdoor space dedicated to the recreational courts, and access and circulation, parking, structures, utilities, and landscaping. The uses are similar in intensity to existing uses in the immediate surrounding area. No physical constraints have been proposed that may impede the operation of the existing surrounding land use nor the proposed land use. Therefore, the project site is well -suited for the use. d. The design, location, size and operating characteristics of the use would be compatible with the existing and other permitted uses in the vicinity including restaurant uses and outdoor recreational facilities. The restaurant and bar will operate primarily within a commercial building, the recreational courts are interior to the site and enclosed with fencing, and will not PLANNING COMMISSION RESOLUTION NO. 24-17 DRC2024-00151 ELECTRIC PICKLE MAY 22, 2024 Page 3 operate beyond the project parcel nor onto the property of adjacent similar uses. The intensity of the use is not expected to exceed the intensity of adjacent similar uses. e. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located. The scale and operation of the use is similar to adjacent uses and will not negatively impact the normal operations of any of these surrounding uses. The use has been conditioned to meet performance criteria, safety standards, maintenance standards and all other Municipal Code standards to mitigate any potential impact related to the restaurant and bar, and outdoor recreational facility. f. The use will not pose an undue burden on city services, including police, fire, streets, and other public utilities, such that the city is unable to maintain its current level of service due to the use. The use does not authorize any operations which may result in additional service requests from Fire or Police that are not normally associated with similar adjacent existing uses. 4. Pursuant to the California Environmental Quality Act (CEQA), the City certified an Environmental Impact Report (EIR) (SCH No. 2015041083) on May 18, 2016, in connection with the City's approval of General Plan Amendment DRC2015-00114, Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR is required in connection with subsequent discretionary approvals of the same project. The Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment based upon the findings as follows: a. To demonstrate that no subsequent EIR or environmental review is required, Environmental Technical Analysis Memorandum dated May 9, 2024, was prepared by T & B Planning (Exhibit B). Staff evaluated this memorandum and concluded that the project is within the scope of the approved overall project and analysis included in the Final EIR identified above and no additional environmental review is required in connection with the City's consideration of Conditional Use Permit DRC2024-00151. Substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previous EIR. The previous environmental review analyzed the effects of the proposed project. Staff further finds that the project will not have one or more significant effects not discussed in the previous EIR, nor have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. The Planning Commission has reviewed the Planning and Economic Development Department's determination of exemption, and based on its own independent judgement, concurs in the staff determination of exemption. 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 attached standard conditions incorporated herein by this reference. 6. The Secretary to this Commission shall certify to the adoption of this Resolution PLANNING COMMISSION RESOLUTION NO. 24-17 DRC2024-00151 ELECTRIC PICKLE MAY 22, 2024 Page 4 APPROVED AND ADOPTED THIS 22nd DAY OF MAY 2024. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Tony Morales, Chair an I, Matt Marquez, 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 22nd day of May 2024, by the following vote -to -wit: AYES: COMMISSIONERS: MORALES, BOLING, DANIELS, DIAZ, DOPP NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Conditions of Approval Community Development Department Project #: DRC2024-00151 Project Name: Electric Pickle Location: 9350 THE RESORT PKWY 1011 - 021010290-0000 Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 1. The Conditional Use Permit authorizes the operation of a restaurant with full liquor service (Department of Alcoholic Beverage Control Type 47 License) within a proposed 12,074 commercial building, and to establish outdoor recreational courts at the site within the mixed use placetype of the Resort Specific Plan located at the northwest corner of 4th Street and Resort Parkway; APN: 0210-102-07. 2. The CUP authorizes hours of operation for the restaurant daily from 11 :00 am - 11:00 pm. The CUP also authorizes 9 pickleball courts and 2 bocce ball courts. The courts are accessible for use from 6:00 am - 10:00 pm. 3. The Conditional Use Permit does not authorize live entertainment. Any entertainment use on the property is limited to the Entertainment Permit exceptions as outlined in the Development Code section 17.16.170.C. 4. The Conditional Use Permit is not the alcohol license. The applicant shall apply for the Type 47 license with the Department of Alcoholic Beverage Control and shall comply with all permit and license requirements. 5. The use of the restaurant and outdoor recreational courts is subject to the Noise regulations set forth in the Development Code section 17.66.050. 6. 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. 7. Cameras shall be installed which cover the interior and exterior of the business, with the intent to capture digital images of subjects entering, exiting, cash registers and vehicle and pedestrian traffic approaching the business. Prior to issuance of certificate of occupancy or commence of use related to the requested entitlement, the applicant shall contact the Rancho Cucamonga Police Department for an inspection of the security cameras. Video recordings from surveillance cameras shall be of nothing less than NTSC 4SIF with a minimum of 704X480 resolution. A minimum of 30 days surveillance video shall be kept. 8. All managers, bartenders, and servers shall complete the Licensee Education on Alcohol and Drugs (LEAD) Program offered by the California Department of Alcohol Beverage Control within 30 days of being hired. 9. Any entertainment proposed to be conducted as part of the operation of the business shall be in compliance with these conditions of approval and comply with Development Code Section 17.16.170.C. Any entertainment proposed which is not consistent with this code section shall require an entertainment permit and additional conditions may be imposed at the time any such entertainment permit is issued. 10. The operations shall not cause noise or other nuisances which is, or which may be, detrimental to public health, safety, or welfare and shall comply with all relevant noise provisions in the Development Code, as may be occasionally amended by the City Council. �.CityofRC.us Pnnted. 5/8/2024 11. Alcohol sales and service shall cease 30 minutes prior to the close of business. 12. No entertainment, either live or recorded, is permitted in any patio area at any time. This includes the use of musical devices, instruments, and speakers. Standard Conditions of Approval 13. The applicant shall sign the Statement of Agreement and Acceptance of Conditions of Approval provided by the Planning Department. The signed Statement of Agreement and Acceptance of Conditions of Approval shall be returned to the Planning Department prior to the submittal of grading/construction plans for plan check, request for a business license, and/or commencement of the approved activity. w .CityofRC.us PnnteeC: 5/6/2024 Project #: DRC2024-00151 Project Name: Electric Pickle Location: 9350 THE RESORT PKWY 1011 - 021010290-0000 Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 14. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, those City agents serving as independent contractors in the role of City officials and instrumentalities thereof (collectively "Indemnitees"), from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to, arbitrations, mediations, and other such procedures) (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and /or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project, whether such actions are brought under the California Environmental Quality Act (CEQA), State Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a competent jurisdiction. This indemnification provision expressly includes losses, judgments, costs, and expenses (including, without limitation, attorneys' fees or court costs) in any manner arising out of or incident to this approval, the Planning Director's actions, the Planning Commission's actions, and/or the City Council's actions, related entitlements, or the City's environmental review thereof. The Applicant shall pay and satisfy anyjudgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that the applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action. In the event such a legal action is filed challenging the City's determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The Applicant shall deposit said amount with the City or, at the discretion ofthe City, enter into an agreement with the City to pay such expenses as they become due. 15. Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of Approval, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction /grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 16. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 2 years from the date of approval or a time extension has been granted. w .CityofRC.us Printed: 5/8/2024 Page 2 of 4 Project #: DRC2024-00151 Project Name: Electric Pickle Location: 9350 THE RESORT PKWY 1011 - 021010290-0000 Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 17. Any modification or intensification of the approved use, including revisions in the operations of the business including changes to the operating days/hours; change in the location on -site or within the building of the use/activity that is approved by this Conditional Use Permit; improvements including new building construction; and/or other modifications/intensification beyond what is specifically approved by this Conditional Use Permit, shall require the review and approval by the Planning Director prior to submittal of documents for plan check/occupancy, construction, commencement of the activity, and/or issuance of a business license. The Planning Director may determine that modifications or intensifications of use require the submittal of an application to modify this Conditional Use Permit for review by the City. w .CityofRC.us Pnnted: 5/8/2024 Page 3 of