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HomeMy WebLinkAbout09-017 - Resolutions - (not adopted) **NOT ADOPTED-SEE RESOLUTION NO.09-146** RESOLUTION NO. 09--'0 1'7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S REVOCATION OF CONDITIONAL USE PERMIT NO. CUP87-06, THEREBY PROHIBITING THE SERVING OF DISTILLED SPIRITS IN CONJUNCTION WITH A RESTAURANT, LOCATED IN THE NEIGHBORHOOD COMMERCIAL DISTRICT AT 974019TH STREET;AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1076-011-10. A. Recitals. 1. Pepper's Mexican Restaurant filed an application for the issuance of Conditional Use Permit CUP87-06, 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 October 2008, the Planning Commission of the City of Rancho Cucamonga conducted a public hearing on the application and concluded said hearing on that date, revoking Conditional.Use Permit CUP87-06. 3. On the 22nd day of October 2008, the Planning Commission Secretary of the City of Rancho Cucamonga issued the determination letter based upon the Planning Commission's revocation of Conditional Use Permit CUP87-06 on October 22,2008,and informed the applicant of their right to appeal under prescribed procedures. 4. The decision by the Planning Commission is contained in their Resolution No.08-61 and was appealed in a timely manner to the City Council. 5. On the 3rd day of December 2008,the City Council of the City of Rancho Cucamonga scheduled and advertised a public hearing to review said appeal. The appeal was continued to the 21st day of January 2009, as requested by the applicants attorney. . 6. On the 21 st day of January 2009, the City Council of the City of Rancho Cucamonga conducted a public hearing to review said appeal prior to the adoption of this Resolution. 7. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE,it is hereby found, deternined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council 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 Council during the above-referenced meeting on January 21,2009,including written and oral staff reports,this Council hereby specifically finds as follows: a. The application applies to Peppers Mexican Restaurant located in the Neighborhood Commercial District at 9740 19th Street; and b. The property to the north of the subject site is the 1-210 Freeway; the properties to the south consist of existing single-family residences; the property to the east is an existing multi-family development;and the property to the west is an existing multi-family development;and CITY COUNCIL RESOLUTION NO. 09- CUP87-06—PEPPER'S MEXICAN RESTAURANT January 21, 2009 Page 2 C. On August 8, 2008, deputies from the Rancho Cucamonga Police Department, along with the Alcohol Beverage Control (ABC), conducted an ABC compliance check of multiple bars in the City, including Pepper's Mexican Restaurant. The compliance check resulted in one patron being arrested for public intoxication, the bartender being cited for serving alcohol to an ' intoxicated person,and Pepper's Mexican Restaurant's manager being cited for having an expired business license. The Police Department contacted the City of Rancho Cucamonga and informed them of the results of the compliance check, including Peppers Mexican Restaurant's expired business license and.the extensive history of police calls-for-service to the business; and d. The Rancho Cucamonga Police Department reports that they have made 42 calls-for-service for the year 2007 and 43 calls-for-service for the year 2008(through the month of June). Additionally, Rancho Cucamonga Fire Department has made 26 calls-for-service to the site for the year 2007 through the month of June 2008; and e. The applicant's business is located within the Neighborhood Commercial District, which only permits bars or cocktail lounges when they operate in conjunction with a restaurant and always requires a Conditional Use Permit for the sale of distilled spirits. The approved Conditional Use Permit(CUP87-06)requires that the service of alcohol must be in conjunction with a restaurant and with the availability of a full menu. Additionally, it stipulates that the service of alcoholic beverages must cease when the full menu is not available to customers and limits the hours that the bar may operate {between 11:00 a.m. and 11:00 p.m). Prior to the Planning Commission Revocation hearing on October 22,2008,the applicant was offering the sale of alcoholic beverages after 11:00 p.m.;and f. The floor plan is in violation of the floor plan approved under Entertainment Permit EP89-04; and 3. Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above,this Council hereby finds and concludes as follows: a. The proposed use is not 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 a stand alone bar is not permitted in the Neighborhood Commercial District. The district was created to be a low intensity land use area designed to serve the day-today needs of the local residential neighborhoods surrounding the district. The use regulations for the Neighborhood Commercial District were designed with the goal of allowing businesses that attract a local rather than a regional clientele, such as restaurants with a small bar area rather than a stand alone bar, such as the applicant was operating prior to the October 22, 2008 Planning Commission hearing. b. The proposed use, together with the conditions applicable thereto, will be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity in that the City's Police Department and Fire Department have made extensive calls-for-service to the business over the last two years,which is detrimentally affecting the safety and welfare of the residents living in the surrounding neighborhood and of the business owners and customers of the commercial center in which they are located. C. The proposed use does not comply with each of the applicable provisions of the Development Code in that the subject business has been converted from a full service restaurant to a sports bar, which is in violation of the Development Code and only permits bars within the Neighborhood Commercial District when they operate in conjunction with a full service restaurant. CITY COUNCIL RESOLUTION NO. 09- CUP87-06— PEPPER'S MEXICAN RESTAURANT January 21, 2009 Page 3 Additionally, prior to the Planning Commissions meeting on October 22, 2008, the applicant was selling alcoholic beverages after 11:00 p.m. in violation of the Conditions of Approval. 4. Based upon the findings and conclusions set forth in Paragraphs 1,2 and 3 above, this Council upholds the Planning Commission's revocation of Conditional Use Permit CUP87-06 and denies the applicant's appeal of the Planning Commission's revocation. 5. This Council hereby provides notice to Pepper's Mexican Restaurant that the time within which judicial review of the decision represented by this Resolution must be.sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a)certify to the adoption of this Resolution,and(b)forthwith transmit a certified copy of this Resolution,by certified mail, retum-receipt requested, to Pepper's Mexican Restaurant at the addresses identified in City records.