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HomeMy WebLinkAbout2009/09/09 - Agenda Packet - Planning Commission r • THE CITY OF RANCHO CUCAMONGA t h PLANNING COMMISSION Lip, . ' AGENDA RANCHO CUCAMONGA SEPTEMBER 9, 2009 - 7:00 PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California •I L CALL TO ORDER • I Roll Call Chairman Fletcher Vice Chairman Munoz Stewart_ Howdyshell _ Wimberly_ • .I II. ANNOUNCEMENTS I IIII. APPROVAL OF MINUTES August 12, 2009 Regular Meeting Minutes IIV. PUBLIC HEARINGS The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. A. CONDITIONAL USE PERMIT DRC2009-00219 - KEYSTONE RESTAURANT GROUP- A request to construct a 1,761 square foot restaurant with a drive-thru window, car service dining and a 774 square foot outdoor eating area on an existing 27,240 square foot site that is a part of a previously approved 7.01 acre master planned development in the Industrial Park District (Subarea 12), located at the northwest corner of 4th Street and Pittsburgh Avenue-APN: 0229-341-20. Related file: Minor • 1 of 5 _atr PLANNING COMMISSION AGENDA • L MJ SEPTEMBER 9, 2009 ,-,RANCHO CUCAMONGA Exception DRC2009-00435. On January 28, 2004, a mitigated Negative Declaration of environmental impacts was adopted by the Planning Commission for Tentative Parcel Map SUBTPM16282. The California Environmental Quality Act provides that no further environmental review or Negative Declaration is required for subsequent projects or minor revisions to projects within the scope of a previous Mitigated Negative Declaration. An Air Quality Study was completed which found that the project would not have a significant impact on the environment. B. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2007-00402 — FRANK AN - Design Review of a proposed retail commercial center consisting of 3 buildings totaling 51,940 square feet on 4.67 acres of land within the Community Commercial District (Subarea 4) of the Foothill Boulevard Specific Plan located along the west side of Etiwanda Avenue north of Foothill Boulevard - APN: 0227-221-08. Related File: SUBTPM18535. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. CONTINUANCE REQUESTED • C. ENVIRONMENTAL• ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM18535 - FRANK AN - A request to subdivide 4.67 acres of land into 3 parcels for commercial purposes in the Community Commercial District (Subarea 4) within the Foothill Boulevard Specific Plan, located along the west side of Etiwanda Avenue north of Foothill Boulevard-APN: 0227-221-08. Related File: Development Review DRC2007-00402. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. CONTINUANCE REQUESTED D. CONDITIONAL USE PERMIT DRC2009-00274 - OKAWA SUSHI AND GRILL -A request to modify Conditional Use Permit DRC2008-00025 for new business hours and to allow live nightly entertainment in an existing, restaurant use at 8158 Day Creek Boulevard, #100, in the Regional Related Office/Commercial District - APN: 0229-021-71. Related Files: and Entertainment Permit DRC2008-00275. This project is categorically exempt from the requirement of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption - Existing Facilities). E. ENTERTAINMENT PERMIT DRC2009-00275 - OKAWA SUSHI AND GRILL-A request to allow live nightly entertainment and dancing within an existing restaurant at 8158 Day Creek Boulevard, #100, in the Regional • 2 of 5 • ��1 PLANNING COMMISSION AGENDA L SEPTEMBER 9, 2009 RANCHO CUCAMONGA Related Office/Commercial District - APN: 0229-021-71. Related Files: Conditional Use Permit DRC2009-00274 and Conditional Use Permit DRC2007-00025. This project is categorically exempt from the requirement of the California Environmental Quality Act (CEQA) pursuant to state CEQA Guidelines Section 15301 (Class 1 Exemption - Existing Facilities). V. DIRECTOR'S REPORTS F. A 6-MONTH PROGRESS REPORT OF THE BUSINESS OPERATION RELATED TO CONDITIONAL USE PERMIT DRC2007-00283-EL LOCO CANTINA (FORMERLY FELIPE'S), located in the Masi Plaza at 11815 Foothill Boulevard in the Industrial Park District (Subarea 7) -APN: 0229- 011-38. Related Files: Conditional Use Permit 00-44 and Entertainment Permit DRC2007-00284. • G. A 6-MONTH PROGRESS REPORT OF THE BUSINESS OPERATION RELATED TO ENTERTAINMENT PERMIT DRC2007-00284 - EL LOCO CANTINA (FORMERLY FELIPE'S), located in the Masi Plaza at 11815 Foothill Boulevard in the Industrial Park District (Subarea 7)-APN: 0229- 011-38. Related Files: Conditional Use Permit 00-44 and Conditional Use Permit DRC2007-00283. VI. PUBLIC COMMENTS This is the time and place for the general public to address the commission. Items to be discussed here are those that do not already appear on this agenda. VII. COMMISSION BUSINESS/COMMENTS VIII. ADJOURNMENT The Planning Commission has adopted Administrative Regulations that set an 11:00 p.m. adjournment time. If items go beyond that time, they shall be heard only with the consent of the Commission. • 3 of 5 • • I PLANNING COMMISSION AGENDA '..d SEPTEMBER 9 2009 RANCHO CUCAMONGA I, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on September 3, 2009, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. a LPL.,✓ ® If you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. INFORMATION FOR THE PUBLIC •TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position,you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under"Public Comments." There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. All requests for items to be placed on a Planning Commission agenda must be in writing. The deadline for submitting these items is 6:00 p.m. Tuesday, one week prior to the meeting. The Planning Commission Secretary receives all such items. • 4 of 5 w74 PLANNING COMMISSION AGENDA Ly SEPTEMBER 9 2009 RANCHO CUCAMONGA AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m.to 6:00 p.m., except for legal City holidays. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of$2,124 for maps and $2,231 for all other decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas and minutes can be found at http://www.ci.rancho-cucamonqa.ca.us • • 5of5 .„ Vicinity Map • Planning Commission September 9 , 2009 ___ _ _ , . . SPHERE O F I N F L U E N C E . 1 '' - W HL!LSl E co i a el. SL • laIFF 19TH ; ' • I I .;BASE LINE N. ■■r....ana, ��, CHURCH f iS � -,1 FOOTHILL I -_ItAtSL I ARROW . I 8TH p 12 IFNI cl . Q -. Q B,C 14 u s = cr '. •. ,i W 4TH F,G D,E A Q * Meeting Location: City Hall 10500 Civic Center Drive • CITY OF RANCHO CUCAMONGA • PLANNING COMMISSION MINUTES Regular Meeting August 12, 2009 Chairman Fletcher called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:21 p.m. The meeting was held in the Council Chambers at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. ROLL CALL COMMISSIONERS: PRESENT: Richard Fletcher, Frances Howdyshell, Lou Munoz, Pam Stewart; Ray Wimberly ABSENT: None STAFF PRESENT: Candyce Burnett, Senior Planner; Steven Flower, Assistant City Attorney; Steve Fowler, Assistant Planner; Larry Henderson, Principal Planner; Dan James, Senior Civil Engineer; Jennifer Nakamura, Associate Planner; Corkran Nicholson, Assistant Planning Director; Lois Schrader, Planning Commission Secretary; Mike Smith, Associate Planner; James Troyer, Planning Director; Valerie Victorino, Planning Department Secretary . . . . . • ANNOUNCEMENTS None APPROVAL OF MINUTES Motion: Moved by Munoz, seconded by Wimberly, (Stewart abstain) carried 4-0-1, to approve the minutes of July 8, 2009. . . . . . PUBLIC HEARINGS Vice Chairman Munoz excused himself from the room and abstained from hearing the item for reasons of possible conflict of interest. A. DEVELOPMENT CODE AMENDMENT DRC2008-00625-CITY OF RANCHO CUCAMONGA- A REQUEST TO AMEND THE DEVELOPMENT CODE, SECTION 17.26, WIRELESS COMMUNICATIONS FACILITIES. THIS ACTION IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061(B)(3) OF THE STATE CEQA GUIDELINES. THIS ITEM WILL BE FORWARDED TO THE CITY COUNCIL FOR FINAL ACTION. Jennifer Nakamura, Associate Planner, gave the staff report and a brief PowerPoint presentation • highlighting the amendment changes. • 4 Chairman Fletcher clarified that for collocation of facilities, there is not the requirement of stealth design. He asked if stealth design is still required otherwise. Ms. Nakamura assured the Commission that staff always pushes for stealth design where • appropriate but that would not be the typical case here because non-stealth units are typically mounted to existing utility poles or towers (as collations). He said staff has been very successful in getting stealth design when it is called for, and the various carriers are usually cooperative. Chairman Fletcher commented that there are those antennae that were designed to look like trees but really don't look like trees. Ms. Nakamura responded that these designs have come a long way in the last 10 years and that they continue to improve, noting that the design pictures staff receives do not always accurately reflect the finished product. She said staff is working on doing more in the way of final inspections of these facilities to ensure quality development/design. Commissioner Stewart confirmed that this amendment is in conformance with new laws. Commissioner Howdyshell concurred. Chairman Fletcher opened the public hearing and hearing and seeing no comment, closed the public hearing. Motion: Moved by Stewart, seconded by Howdyshell, to recommend approval of the amendment DRC2008-00625 as'presented and to forward it to the City Council for final action. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, STEWART, WIMBERLY • NOES: NONE ABSTAIN: MUNOZ - carried • t 4 k Vice Chairman Munoz returned to the Council Chambers. Chairman Fletcher excused himself from the room and abstained from hearing the item for reasons of a possible conflict of interest. B. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2007-00247 - JWDA: A PROPOSAL TO CONSTRUCT A 27,000 SQUARE FOOT OFFICE/WAREHOUSE BUILDING ON A VACANT PROPERTY OF 1.7 ACRES IN THE INDUSTRIAL PARK (IP) DISTRICT, SUBAREA 6, LOCATED AT THE SOUTHWEST CORNER OF ARROW ROUTE AND UTICA AVENUE; APN:0209-491-05. STAFF HAS PREPARED A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR CONSIDERATION. Mike Smith, Associate Planner, presented the staff report. He noted that he received a few phone calls regarding the type of building proposed and the use. Daniel Amaya, 529 E Valle Boulevard, San Gabriel, stated they would follow the conditions of approval. Jeff Chen, 631 Sharon Road, Arcadia, stated he is part owner of the property. He said they are excited about the property and asked for Commission approval. • Planning Commission Minutes -2- August 12, 2009 • Vice Chairman Munoz opened the public hearing and seeing and hearing no comment, closed the public hearing. • Commissioner Howdyshell said the project looks great, that it has a well-thought out design and should be an improvement to the lot. She said hopefully it will also provide a few more jobs. Commissioner Wimberly said he was pleased with the level of cooperation from the applicant at the Design Review Committee. He said he was pleased to see that the co-owner was able to obtain the letter regarding the easement. He said he looked forward to the project development. Commissioner Stewart said she concurs and that it is a straightforward project. Vice Chairman Munoz commented that he appreciated the way the applicant worked with the DRC and he also looks forward to the new business in this economic climate. Motion: Moved by Stewart, seconded by Howdyshell, to adopt the Resolution of approval for Development Review DRC2007-00247 and to adopt a Mitigated Negative Declaration of environmental impacts as presented by staff. The motion carried by the following vote: AYES: HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSTAIN: FLETCHER - carried * * * * * • Chairman Fletcher returned to the Chambers at 7:47 p.m. • C. PUBLIC SCOPING FOR ENVIRONMENTAL IMPACT REPORT (EIR) DRC2004-01048 FOR ANNEXATION DRC2005-00602, DEVELOPMENT DISTRICT AMENDMENT DRC2005-00477, DEVELOPMENT AGREEMENT DRC2005-00629, GENERAL PLAN AMENDMENT DRC2006- 00030, SPECIFIC PLAN DRC2008-00940 AND TENTATIVE TRACT MAP SUBTT16925 - MILLER DEVELOPMENT CO. - An opportunity to give public testimony pertaining to the environmental issues to be addressed in an EIR for approximately 670 acres to be annexed into the City, the pre-zoning of that area to approximately 556 acres of Open Space and approximately 112 acres of Hillside Residential to be in conformance with the City's General Plan Land Use Designation, the General Plan Amendment to allow for the clustering of development and to allow a maximum of two dwelling units per acre within the Hillside Residential designation for land to be annexed into the City, a Specific Plan, and the proposed subdivision of 110 single family lots (located on approximately 74 acres north of Delphine Place), generally located north of the City boundary, north of Delphine Place and west of Archibald Avenue in the City's Sphere of Influence-APN: 0200-051-41 and 42, and 0201-032- 01, 02, 34, 35, 36, 38, 39, 40, 41, 71, 75, 80, and 81. Candyce Burnett, Senior Planner, gave the staff report. She clarified that the purpose of the hearing was to take testimony regarding the possible environmental impacts of the project. It was noted that various letters were received in response to the Notice of Preparation and that they are attached to the staff report. Additional letters were also received after the production of the agenda and are noted below and are also included as part of the official record. Vice Chairman Munoz asked for clarification regarding the acreage of the project. • Ms. Burnett stated that the acreage is approximately 690 acres for annexation. Planning Commission Minutes -3- August 12, 2009 • Vice Chairman Munoz asked if tonight's scoping meeting is to take public testimony. Ms. Burnett confirmed that the Commission will not be taking any action on the project tonight. • Steven Flower,Assistant City Attorney, confirmed that the purpose of the meeting is not to judge the merits of the project proposal, as that will occur at later meetings; that there will be other hearings before both the Commission and City Council. He said the comments tonight should focus on the Environmental Impact Report and the environmental concerns to be addressed in that document. Ken Ryan, Miller Development, assured the Commission that they will make sure all the comments will be addressed. Chairman Fletcher opened the public hearing at approximately 7:35 p.m. The following persons commented on the project: Carol G; Beverly Maloof; Jack Adams; Tim Crumbaker; Lee Nelson; Jim Moffat, Patricia Carlson; Christina Madden; Dean Shimek; Kim Shetsky; Debi Nichols; John Gull; Jan Clever; Rita Leos; Eric Stevens; Kelly Jerski; Gerald Palloy; Denae Delaney; Trina Fowlkes; Edward Lowell; Barb DeWitt; Keith Mitchell; Debbie Jerski; Bob Scudder; Kathie Hunter; Thomas Bently; Mark Kean; Robert Levyshon; Sandra Maggard; Greg Bentley; Alan Winston; Don Spaulding; Steve Patton; Peggy Lane. The comments included the following environmental concerns: • Fire of 2003 - emergency exit at present is two lanes and this is not enough • Difficult rescue of horses and homes in 2003; difficulty would be greater with 110 more • homes • Impacts to endangered species and wildlife • • Consider artesian wells underneath the proposed development • • Report of Army Corp of Engineers deeming the property unbuildable-where is it? • Area zoned for agriculture-previously a Christmas tree farm • Flooding • Area should be for horses, not houses; development would affect the use of the land for horse riding • Water conservation - not possible with adding 110 new homes • Debris flows from flooding including large boulders • Traffic on Beryl Street -totally impassable during 2003 fire • Location of secondary exit may not be usable in the event of fire • City may be held responsible if homes are destroyed • Quantity of dirt being moved • Need open space for future generations • Impacts to entire City - loss of Mountain views/grading • Preserve wildlife corridors • Natural waterfalls will be changed • Loss of fire buffer • Further alteration of Alluvial fan • Recharge of water basins • Loss of enjoyment of mountains, animals and wildlife • Fast moving traffic on Beryl; more cars • Mountains should be enjoyed with our children • Preserve natural state to provide clean, cool water • • Preserve property values Planning Commission Minutes -4- August 12, 2009 J • Loss of recreational and spiritual opportunities • Washout of roads from flooding occurs often • • Only one street that is westbound -traffic cuts through the neighborhood • Loss of homes in 2003 fires • Emergency access road with box culvert suggested - would not withstand flooding/debris following fire • Proposed development will be a deathtrap in the event of fire/people may die in the canyon trying to get out • Controlled burns in the area have not occurred recently/fire hazard • People; dogs children walking daily; runners from the high school. No sidewalks south of this development and horse trail on one side-traffic issues • Mountains are iconic to Rancho Cucamonga; destruction would be a travesty • Alluvial fan-ground is not stable and this cannot be changed • Pollution causing asthma • Dust for 5 years of construction causing health problems • Destruction of views • Horses will get "spooked" with traffic • Upholding hillside development requirements equitably between existing development and new proposed development • Destroying waterfalls • Public safety • Damage to biological resources resulting from filling in the ravines • Assess how far and wide 6.7 million cubic yards of mudflow would go • Too much traffic already. Traffic mitigations should include possible speed bumps and sidewalks • Earthquake hazards to roads and gas lines • • Resulting fires from ruptured gas lines in the event of an earthquake • If City not approving access for 8 homes, why approve one for 110 homes-precedence • Construction traffic impacts-heavy equipment traveling back and forth • Construction water trucks create mud • Public safety - 20 bus stops • Use of the trail system would be impacted • City encourages use of Xeriscape yet we keep on developing/water conservation • Use of electricity to pump water to new homes • Proposed project is inconsistent with Planning Commission goals and also is inconsistent with goals found in the General Plan • Issue of water shortage is statewide-institute a building moratorium • Proposed project is inconsistent with Hillside Development regulations • • Suggested project area should be maintained as parkland • Overcrowding in schools • Overcrowding of parks ' • Project area does not allow for enough evacuation time in the event of a fast moving fire • Two ingress and egress points are required by the Residential Design Guidelines/project not in compliance • Building on 30% slope is prohibited/project is not in compliance • Project proposes overdevelopment and does not respect the natural geography and open space/City is responsible to protect the mountains • Lot size impacts/not consistent with adjacent development • Impact to homes to the south of the project-how will they be protected • • Noise impacts will exceed guidelines Planning Commission Minutes -5- August 12, 2009 L • No mention of waterfalls in previous EIR or in new Initial Study • City liability for the protection of residents from fire hazards-an amendment to the plan would require good cause • • Excessive cut and fill and the impacts of same-10 times what our current regulations allow • Impacts to individuals' environments • Proposed development allows for condensed housing - not desirable density • Impacts to coyotes, owls, hawks, deer, bear • Impacts to a year round creek that flows through the interior of the proposed development • Diversion of water through concrete channels would cause loss of support to wildlife • Impacts to percolation and water recharge • Impacts of Santa Ana winds heightened because of dust that would occur on the project site • Large homes use greater amounts of electricity • Light and glare pollution/impacts • What about high power lines • Now will waste (sewage) from the development be handled? Sewers? Septic? • All residents are at risk and impacted by the development proposal For the record, it is noted that the following correspondence was received after the preparation of the agenda packet and the following general concerns are noted. The actual correspondence should be referred to for details: • Letter from the San Gorgonio Chapter of the Sierra Club noting the property should be left in its natural state to provide clean, cool air and water, to preserve property values/quality of life/recreational and spiritual opportunities for Rancho Cucamonga. • An unsigned flyer citing 2 million cubic yards of dirt/flattening the mountain; impacts of construction/traffic/access/fire/earthquake faults/scenic vistas/air quality/safety/noise. • Letter from Paul and Lea Biane citing concern of the destruction of Thorpe Canyon/Creek and the adequacy of the proposed 14-foot pipe and capability to transport related debris • flows-require what Army Corp of Engineers put in place for Demin's Basin: Concern of visual impacts of street lights. • Letter from Department of Toxic Substances Control-suggested studies to confirm the presence or absence of hazardous materials on the site; ...pesticides, agricultural chemical, organic waste or other related residue. • Letter from California Regional Water Quality Control Board (Santa Ana Region) - DEIR should discuss WARM and WILD impacts from fill, runoff, edge effects, and hydromodification....avoid impacting of natural waterways and drainages; incorporate avoidance into several design alternatives that move lots out of ravines. Project should determine exact acreage falling within jurisdiction of United States Army Corp of Engineers. "Isolated waters"are considered waters of the state and identified on large-scale maps in the DE"IR with other riparian water bodies. Best Management Practices-retention and treatment of storm water on site through Low impact Development (LID). • Letter from Peirre and Carolyn Biane noted concern about the ability of the 14-foot pipe and dam to handle the debris and water that flows through the canyon during the rainy season. ' Noted for the record, other materials were received and filed by the Secretary; a copy of a book by John McPhee, Los Angeles Against the Mountains. Chairman Fletcher commented that he did not believe the project area has been re-zoned. He again asked the speakers to make their comments specific to environmental concerns. He reported that the procedural path would be explained by legal counsel. • Planning Commission Minutes -6- August 12, 2009 Mr. Flower noted that Ms. Maggard referred to an earlier draft of the EIR. He said that the EIR is going to be redone, and that is the reason the comments are being received, so that the new draft EIR can be produced. • Chairman Fletcher closed the public hearing at 9:15.p.m. He expressed appreciation for everyone coming. He said the EIR will have to be re-created and that it will cover the issues. He said the City does not take their concerns lightly. He said that the re-circulated Initial Study is available and the public can contact the Planning Department to obtain a copy (with associated copying costs). Mr. Flower clarified that the Initial Study is part of the scoping process in that it identifies/determines what topics are to be covered in the EIR for future study and the document does not make determinations as to what will happen in those areas. He said this is just the beginning of the process and that all the various amendments will be covered at a later time. He noted that the new Draft EIR will be circulated for review and comment per State law and will be available to the public. He said the public can submit their comments and by law the City has to consider them and if need be, will respond to them and all of this as well as other hearings would occur before the actual project is even considered. • Ms. Maggard interjected that she has the Initial Study in PDF format and would be happy to e-mail it to interested parties. Chairman Fletcher commented that the project is.in the City's Sphere of Influence and if the City does not annex the property then it would be governed by County standards and not the City's. James Troyer, Planning Director, said anyone with questions is to feel free to contact the Planning Department, and that staff will be happy to answer questions or meet with them. Mr. Flower noted that one of the speakers asked what happens to the property if the project does • not go forward as part of the City. He noted the site currently is under County jurisdiction in the Sphere of Influence and that the County would control what could be allowed there without an annexation through the City. He said the City would have some input. He pointed out that if the City wants full control, they will have to apply for an annexation through LAFCO. He noted that the project could go in a multitude of directions and those would not be addressed at this time. Commissioner Stewart asked that the following comments be added to the list: • Consider use of recycled water • Emergency access and exiting in emergencies/public safety • Aviation-consider building a heliport for emergency use • Consider development impact fees for additional fire stations/personnel/equipment • Water resources - no new water will be available from the Forest Service for fire protection • Hazardous materials and toxicology-possible leaching from prior agricultural use • Army Corp of Engineers-jurisdictional issues and CWA • Flooding/maintenance • What is the "takeaway" for the City • Health and well being impacts on City residents • Impacts on the trail system • Additional public facilities needed to sustain the project/a hospital may be needed • A Master Plan should be considered Vice Chairman Munoz clarified that the project is only proposed and nothing has been approved. He added that receiving their comments was the purpose of the meeting tonight. He said he appreciated the passion and professionalism of the participants in the public hearing. He thanked • everyone for coming and participating in the process. Planning Commission Minutes -7- August 12, 2009 Chairman Fletcher noted that most of the concerns Commissioner Stewart referred to are mentioned in the Initial Study. He recommended that everything in the Initial Study should be included in the Draft EIR. He added that the letter from the Department of Fish and Game • recommended that a plan for the entire parcel be prepared, not just the area where development is proposed now, that it should be assumed there would be future development on the remaining acreage as well. He strongly suggested that this be considered. Chairman Fletcher called for a short recess at 9:30 p.m. and called the meeting back to order at 9:35 p.m. NEW BUSINESS D. SELECTION OF TRAILS ADVISORY COMMITTEE MEMBER AT LARGE Larry Henderson presented the staff report and noted that the correct term for the Committee- members is 2 years, not 3 as indicated in the staff report. He recommended the appointment of Don Yoder and also to create a new Alternate position for Tom Tisler as selected by the Trails Advisory Committee. Commissioner Stewart remarked how good all the candidates were and that they learned a great deal during the candidate interviews. She mentioned that new positions should be considered such as a member to represent ADA concerns and another that would be articulate in environmental concerns ("green seat"). She suggested that staff research the possibilities and bring a report back to the Commission. Commissioner Howdyshell concurred that the candidates were very informative. She mentioned that the ADA candidate uses her electric cart on the trails. • James Troyer, Planning Director, stated staff would review this and come back to the Commission with a report. Vice Chairman Munoz confirmed that it is a two year appointment. Chairman Fletcher noted they were good candidates and said they should consider including more representatives of various interests of the community and that their involvement would be great. Motion: Moved by Stewart, seconded by Howdyshell, to accept the recommendation to select Don Yoder as the member-at-large to represent the bicycling community and to create a new alternate position for Tom Tisler. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSENT: NONE - carried DIRECTOR'S REPORTS . E. STAFF RECOMMENDATIONS TO PLANNING COMMISSION James Troyer, Planning Director, gave the staff report and asked the Commission for direction. Commissioner Stewart stated she had asked for what they(the Commission)would like to see in a • staff report, but that she is okay with not always having a recommendation. Planning Commission Minutes -8- August 12, 2009 f Chairman Fletcher said he appreciates it when there is a staff recommendation. He said they do not necessarily have to agree with it. He said that if it is a close call and staff has no opinion, then • perhaps staff could prepare findings for an approval as well as a denial for consideration. Steven Flower, Assistant City Attorney, did not recommend this path because it could muddy the record and if challenged would be less clean. He said if a recommendation is made and the Commission goes against it, then typically there is a more thorough debate. He said staff could prepare findings both in support and against approval, but that requires a great deal of staff time and was not his recommendation to proceed this way. Chairman Fletcher suggested that on those rare occasions, perhaps staff could give the Commission a "heads up," because they are not always experienced in these matters. Mr. Flower said that in those instances, following discussion of the Commission and a tentative directive, then staff can return to the next meeting with findings to approve or deny the application within a resolution prepared for.adoption and 'signature. In this case staff can review the comments in the record before preparing the findings. Chairman Fletcher expressed concern that during the review of the prior Variance request, he thought they (the Commission) might not be doing it (making findings or a decision) in a legal way. Commissioner Howdyshell said that she is comfortable with handling these on a case by case basis and noted that staff is closer to the technical aspects of the applications. Commissioner Stewart suggested they all be on the same page so they know how it will be handled. Mr. Troyer commented that 98% of these applications will come before the Commission with a staff • • recommendation, that this type of occurrence will be infrequent. Vice Chairman Munoz confirmed that on those infrequent occasions, the Commission can decide either way, and then staff will go back and prepare the resolution, He then agreed that two sets of findings could be confusing and open to more legal challenge. Chairman Fletcher said that staff should have instructed the Commission and let them know they were "on the fence." Mr. Troyer assured him that in the future, staff will do that. The Secretary received and filed the report and noted the direction of the Commission. PUBLIC COMMENTS None COMMISSION BUSINESS James Troyer, Planning Director, noted that the scheduled workshop regarding Pre-Application Review DRC2008-00947 has been continued to a date non-specific. • w ♦ r. ,rk Planning Commission Minutes -9- August 12, 2009 ADJOURNMENT • Motion: Moved by Howdyshell, seconded by Munoz, carried 5-0, to adjourn. The Planning • Commission adjourned at 9:50 p.m. Respectfully submitted, James R. Troyer, AICP Secretary Approved: • • • Planning Commission Minutes -10- August 12, 2009 • • trio STAFF REPORT PLkNNING DEPARTMENT RANCHO CUCAMONGA • Date: September 9, 2009 To: Chairman and Members of the Planning Commission From: James R. Troyer, AICP, Planning Director By: Tabe van der Zwaag, Associate Planner Subject: CONDITIONAL USE PERMIT - DRC2009-00219 - KEYSTONE RESTAURANT GROUP - A request to construct a 1,761 square foot restaurant with a drive-thru window, car service dining and a 774 square foot outdoor eating area on an existing 27,240 square foot site that is a part of a previously approved 7.01-acre master planned development in the Industrial Park District (Subarea 12), located at the northwest corner of 4th Street and Pittsburgh Avenue - APN: 0229-341-20. Related file: Minor Exception DRC2009-00435. On January 28, 2004 a Mitigated Negative Declaration was adopted by the Planning Commission for Tentative Parcel Map SUBTPM16282. The California Environmental Quality Act provides that no further environmental review or Negative Declaration is required for subsequent projects or minor revisions to projects within the. scope of a previous Mitigated Negative Declaration. An Air Quality Study was completed • which found that the project would not have a significant impact on the environment. SITE DESCRIPTION: A. Site Description: The site is located at the northwest corner of 4th Street and Pittsburgh Avenue. It is the final pad of a master-planned development which also includes a 68,714 square foot hotel and three restaurant/retail buildings totaling 24,729 square feet. The site has been graded and the perimeter landscaping has been installed. B. Surrounding Land Use and Zoning: North - Industrial Buildings/Industrial Park (Subarea 12) South - 4th Street/City of Ontario/Ontario Mills Mall (Mixed-Use) East - Commercial Center/Industrial Park (Subarea 12) West - Commercial Center/Industrial Park (Subarea 12) C. General Plan Designations: Project Site - Industrial Park North - Industrial Park South - 4th Street/City of Ontario/Mixed-Use East - Industrial Park West - Industrial Park ANALYSIS: • A. Required Entitlement: The project site is within Subarea 12 of the Industrial Park District. The Development Code specifies that Fast Food Sales are conditionally permitted at the subject Item A PLANNING COMMISSION STAFF REPORT DRC2009-00219 — KEYSTONE RESTAURANT GROUP September 9, 2009 Page 2 • location. The purpose of a Conditional Use Permit is to afford an opportunity for broad public review to ensure the operating characteristics of the business are compatible with neighboring uses and adverse impacts are separated. If necessary, conditions may be imposed in order to provide adequate mitigation of any potentially adverse impacts. B. Use Description: The 1,761 square foot Sonic restaurant includes a 774 square foot outdoor eating area, two drive-up vehicle canopies (21 covered parking spaces), and a drive-thru lane. There will be no indoor seating. Customers will be able to order food by going through the drive-thru or by ordering at individual drive-up and walk-up kiosks. Carhops will bring orders to those dining in their vehicles and in the outdoor eating areas. Sonic does not sell alcoholic beverages. The restaurant will operate from 6 a.m. to 12 midnight, and have between 35 to 50 total employees, with an average shift size of 12 employees. C. Architecture: Sonic restaurants share a common footprint and building layout, including the use of an arched canopy over the outdoor eating area and free standing drive-up vehicle canopies with order boards. Other common elements include the use of red and yellow reveals inset into the cornice of the vehicle canopies, stretched fabric as the roofing material for the eating area canopy and a yellow arched metal canopy over the tower element. Each restaurant has individual design elements which are determined by their environmental setting and the design criteria of the local municipality. D. Parking: The proposed use requires a total 33 parking spaces (1,761 square foot restaurant plus a 774 square foot outdoor eating area at a ratio of 1 parking space per 75 gross square feet). The entire master planned site will have 356 parking spaces with the development of the • applicant's site. The site will be at the maximum parking capacity with the completion of this project, at which time no additional eating establishments will be permitted until the property owner submits an updated parking analysis to the staff demonstrating that the site has gained parking with the abandonment of the previously approved 6,800 square foot Tahoe Joe's restaurant(DRC2007-00076). Staff also believes that there is adequate vehicle stacking for the drive-thru lane. The applicant has submitted a letter from Sonic's corporate headquarters outlining drive-thru stacking demands at their other restaurants. The most active Sonic restaurant is in Palmdale and serves 30 cars per hour, with a service time of 2.5 minutes per order, which translates into the maximum stacking requirement of 6 cars behind the car at the window. The proposed drive-thru can stack 9 cars before impeding on the on-site traffic flow. Additionally, the site was designed with a large order waiting area to reduce wait times and reduce stacking. • Parking Calculation Land Use Square Feet •Code'Standard Required -Parking Retail — Existing Development 11,829 1 space per 250 sf 47 spaces Hotel — Existing Development 112 Rooms 1 space per room + 114 spaces 2 mgr. spaces Fast Food — Existing Development 8,216 1 space per 75 sf 110 spaces Restaurant— Existing Development 5,160 1 space per 100 sf 52 spaces Fast Food — Subject Site 2,535 sf 1 space per 75 sf 33 spaces (1,761 + 774) Total Spaces Required 356 • Total Spaces Provided 356 Excess Parking Total Development 0 A-2 • • PLANNING COMMISSION STAFF REPORT DRC2009-00219 — KEYSTONE RESTAURANT GROUP September 9, 2009 • Page 3 E. Land Use Compatibility: Staff does not foresee any land use or vehicle circulation conflicts between the applicant's business and the existing tenants in the center. There is adequate parking for all of the uses in the center, and the location of Sonic's restaurant, at the southeast corner of the center, provides a physical buffer between it and the other tenants. F. Design Review Committee: The Design Review Committee (Munoz, Stewart, Nicholson) reviewed the project on August 4, 2009. At the meeting, the applicant presented colored elevations showing two possible building designs for consideration. One design integrates elements from the vehicle canopies into the overall building design, while the other uses more angles and varied materials (corrugated metal). Both designs incorporate color schemes that will match the existing buildings in the rest of the project and use pre-manufactured panels with exposed chrome caps at the corners of the panels (which gives the appearance of being bolted in place). The Committee reviewed both designs and selected the original design that integrates, elements from the vehicle canopies into the overall building design. The Committee approved the project with the LED lighting on the vehicle canopies and on the building, noting that the lighting is critical to Sonic's corporate architecture. The Committee also accepted the decorative concrete design in the outdoor eating areas as proposed by the applicant. The Committee added the following conditions: 1) Each supporting column at the car canopies (22 total) shall have the decorative tube steel element, and 2) The Committee informed the applicant that pictures of the restaurant menu items are not permitted on the building elevations. The applicant agreed to the Committee's conditions. The Committee's conditions are incorporated into the Draft Resolution. • G. Technical and Grading Review Committee: The project was reviewed by the Committees on August 4, 2009, and was approved by both Committees. The Grading Committee's Conditions are incorporated into the Standard Conditions as an attachment. H. Minor Exception (DRC2009-00435): The minimum building setback along 4th Street is 45 feet from the curb face. The drive-thru window encroaches into the building setback by 4 feet. The street frontage adjacent to the drive-thru window includes a vehicle right-turn lane, which shifts the curb face northward approximately 15 feet. Staff feels that the applicant's request to reduce the required setback is justified because of the vehicle right turn out lane and the limited size of the encroaching building pop-out. The drive-thru would meet the 45-foot building setback if it were not for the right-turn lane. FACTS FOR FINDINGS: The purpose of a Minor Exception is to provide flexibility from the strict application of the development standards when special circumstances pertaining to the property such as size, shape, topography or location deprives such property of privileges enjoyed by other property in the vicinity and in the same district. In order to grant a request for a Minor Exception, the Planning Commission must make a series of findings. Generally, these findings focus on unique or special circumstances applicable to a specific property. Following are facts to support the necessary findings: 1. Fact: Without a reduction in the required 45-foot building setback, the applicant would have to redesign the project in order to increase the setback an additional 4 feet because of the property being located adjacent to a vehicle right-turn lane for the 4th Street and the Milliken Avenue intersection. This would require the project to have a greater setback from the • standard prolongation of the 4th Street curb face than other properties that are not adjacent to a right-turn lane. A-3 PLANNING COMMISSION STAFF REPORT • DRC2009-00219 — KEYSTONE RESTAURANT GROUP September 9, 2009 Page 4 • Finding: That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the General Plan and intent of the Development Code. 2. Fact: The project is located near the intersection of 4th Street and Milliken Avenue, which includes a right-hand turn lane that encroaches approximately 15 feet into the project site. Other properties located along the same street, but which are not adjacent to a right-hand turn lane, are permitted to measure their setback from the standard street cross-section curb face, rather than the additional right-of-way and curb face that a right-turn lane requires. Finding: That there are exceptional circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district. • 3. Fact: Without the reduction in the required 45-foot building setback, the applicant would have to develop the property with a greater setback from standard prolongation of the 4th Street curb face than other properties not located adjacent to a right-turn lane. This would result in the applicant having to redesign the building footprint and site plan because of a City required right-turn lane. Finding: That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by other property owners in the same district. 4. Fact: The reduction in the required building setback will not constitute a grant of special privilege or be detrimental to the surrounding area in that the proposed building will be located • no closer to the standard prolongation of the 4th Street curb face than other properties located along the same public street. Finding: That the granting of the Minor Exception will not constitute a grant of special privilege inconsistent with the limitation of other properties classified in the same district, and will not be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. I. Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City adopted a Mitigated Negative Declaration on January 28, 2004, in connection with the City's approval of Parcel Map SUBTPM16282 and DRC2003-00728. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental ER or Negative Declaration is required in connection with subsequent discretionary approvals of the same.project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional • mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. Staff has evaluated the current. application, Conditional Use Permit DRC2009-00219, and concludes that substantial changes to the project or the circumstances surrounding the project have not taken place which would create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration. The original approval took into consideration that the subject site would be developed with a 7,300 square foot restaurant. This application proposes a 1,761 square foot • restaurant and 774 square foot outdoor eating area, well within the scope of the original approval. Staff further finds that the project will not have one or more significant effects not A-4 PLANNING COMMISSION STAFF REPORT DRC2009-00219 — KEYSTONE RESTAURANT GROUP September 9, 2009 • Page 5 discussed in the previous Mitigated Negative Declaration, not 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. This is true because the original review was premised on the site being developed with a much larger sit-down restaurant. Additionally, an Air Quality Study was completed for the project which concluded that the project will not have a significant impact on the environment. Therefore, pursuant to CEQA, staff recommends that the Planning Commission concur with the staff determination that no additional environmental review is required in connection with the City's consideration of the Conditional Use Permit DRC2009-00219. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bullentin newspaper; the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. No correspondence has been received. RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit DRC2009-00219 through the adoption of the attached Resolution of Approval. Respectfully submitted, Jame . Troyer, AICP Planning Director • JT:TV/ge Attachments: Exhibit A - Overall Site Plan Exhibit B - Conceptual Site Plan Exhibit C - Conceptual Floor Plan Exhibit D - Patio and Trash Enclosure Detail Exhibit E - Building Elevations Exhibit F - Canopy Elevations Exhibit G - Landscape Plan • Exhibit H - Grading Plan Exhibit I - Design Committee Action Agenda dated August 4, 2009 Draft Resolution of Approval for Development Review DRC2009-00219 • A-5 DINOS (6I-Z00-600Z-DIM) Nana aus TIvxano s, • s g f ffff ffffff mull off f`" au r 9 'p9 ii 1 It = R^R^ R°RR --- ''' R° R $ 5' ISa gds§§§ aF $ R fI!$gilt p� I b ( " i = I a pf ff f 1 it ,s-i af 1 1 a,sif 5 i AT a. fi t A it 4 a gi io §§i ' 0 s a i p ■∎ 1 E1p I i i ' ' D L i ° i r ° p �Lmmm� I �1f1 11!II!II!II i . _ � NOw1tl asvwwrw¢tw 6 '—l�''. .\\v I W. ` 'C {II1� i ii ' j I I I 9 . : ' i b � f..: _ - 1 I Ii / — 4 I III _j o`i �1T N j .I 1 p_ I ° u n- A , ii I I { th...II- I I I I =j � i' �.� j =i it I I I I°I5111111111ypp s i� I I^.9w1_ Imo, 1W 1 I'' I _II ming a ` MAY 10/11T141 31.' w I - ..,..,. 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RANCHO CUCAMONGA CIVIC CENTER RAINS ROOM 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA Committee Members: Lou Munoz Pam Stewart Corky Nicholson Alternates: Ray Wimberly Frances Howdyshell Richard Fletcher CONSENT CALENDAR NO ITEMS SUBMITTED PROJECT REVIEW ITEMS This is the time and place for the Committee to discuss and provide direction to an applicant regarding their development application. The following items do not legally require any public testimony, although the Committee may open the meeting for public input. 7:00 p.m. (Tabe/Carlos) CONDITIONAL USE PERMIT DRC2009-00219 - KEYSTONE RESTAURANT GROUP -A request to construct a 1,761 square foot restaurant with a drive-thru window, car service dining, and a 1,980 square foot outdoor eating area on an existing 70,000 square foot site • that is a part of a previously approved 7.01-acre master-planned development in the Industrial Park District (Subarea 12), located at the northwest corner of 4th Street and Pittsburgh Avenue - APN: 0229-341-20. On January 28, 2004, a Mitigated Negative Declaration was adopted by the Planning Commission for Tentative Parcel Map SUBTPM16282. The California Environmental Quality Act provides that no further environmental review or Negative Declaration is required for subsequent projects or minor revisions to projects within the scope of a previous Mitigated Negative Declaration. An Air Quality Study was completed, which found that the project would not have a significant impact on the environment 7:20 p.m. (Mike/Cam) ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2008-00632 - PITASSI ARCHITECTS, INC. - A proposal to add/replace equipment, construct new buildings, and other associated improvements at an existing chemical manufacturing facility of approximately 19 acres in the General Industrial (GI) District, Subarea 8, located at 12550 Arrow Route - APN: 0229-031-023. Staff has determined that the project is categorically exempt from CEQA review and qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301 - Existing Facilities and Section 15302 - Replacement or Reconstruction. PUBLIC COMMENTS None ADJOURNMENT 8:45 PM EXHIBIT I A-14 DESIGN REVIEW COMMENTS 7:00 p.m. Tabe van der Zwaag August 4, 2009 CONDITIONAL USE PERMIT DRC2009-00219 - KEYSTONE RESTAURANT GROUP — A request to construct a 1,761 square foot restaurant with a drive-thru window, car service dining, and a 1,980 square foot outdoor eating area on an existing 70,000 square foot site that is a part of a previously approved 7.01-acre master planned development in the Industrial Park District (Subarea 12), located at the northwest corner of 4th Street and Pittsburgh Avenue - APN: 0229-341-20. On January 28, 2004, a Mitigated Negative Declaration was adopted by the Planning Commission for Tentative Parcel Map SUBTPM16282. The California Environmental Quality Act provides that no further environmental review or Negative Declaration . is required for subsequent projects or minor revisions to projects within the scope of a previous Mitigated Negative Declaration. An Air Quality Study was completed, which found that the project would not have a significant impact on the environment. Site Characteristics: The site is located at the northwest corner of 4th Street and Pittsburgh Avenue. It is the final pad of a master planned development, which also includes a 68,714 square foot hotel and three restaurant/retail buildings, totaling 24,729 square feet. The site has been graded and the perimeter landscaping has been installed on both street frontages. Proiect Overview: The applicant proposes constructing a 1,761 square foot drive-thru restaurant (Sonic), an attached 1,400 square foot arched canopy outdoor eating area, a 288 square foot uncovered eating area, and two free-standing carhop vehicle canopies. • Customers will be able to order food by going through the drive-thru or by ordering at the individual drive-up and walk-up kiosks. Carhops will bring orders to those dining in their vehicles and in the outdoor eating areas. The drive-thru will be screened from 4th Street by • landscaping and a low wall. There is a shared parking agreement for the entire master planned project. The site will be at the maximum parking capacity with completion of this project. No additional eating establishments will be permitted in the development when this project is completed. • Staff Comments: Although staff concludes that the layout of the proposed project will be well-integrated into the overall design of the existing center, staff has concerns regarding the overall architectural design of the structures. Staff has encouraged the applicant to create a more modern design that is less boxy (current design is a rectangle building with a flat roof), which better integrates the drive-thru and equipment room pop-outs into the overall building design. Additionally, staff has requested that the applicant use a different material (metal and/or glass) on the outdoor eating area canopy. The applicant has informed staff that this change is cost prohibitive. Staff is of the opinion that the canopy is one of the dominant architectural features of the building and that the upgraded material would go a long way in improving the overall design. The applicant has submitted colored elevations showing two possible building designs for further consideration of the project. One design integrates elements from the vehicle canopies into the overall building design. The other uses more angles and varied materials (corrugated metal). Both designs will be painted to match the existing buildings in the rest of the project and use pre-manufactured panels with exposed chrome caps at the corners of the panels (which gives the appearance of being bolted in place), • EXHIBIT I ° \ A-15 • DESIGN REVIEW COMMENTS DRC2009-00219 • August 4, 2009 • Page 2 The applicant has informed staff that although Sonic Restaurants have a common footprint and have similar arched canopies over each of their outdoor eating areas, each restaurant has individual design elements determined by their setting and the design criteria of the local municipality. Other common elements used throughout the franchise include the use of red and yellow reveals on the car canopies, a stretched fabric canopy over the outdoor eating area, and an arched metal canopy over the tower element that is painted yellow. Major Issue: 1. The architecture and overall design of the building needs to be modified to give the building a more modern design (see staff comments above). Secondary Issues: • 1. The Development Code does not permit exposed neon. The elevations show LED lighting in the reveals on the vehicle canopies and on the building, which integrates the canopy design into the roof line of the building. The question is whether exposed LED is in a different category than exposed neon and is permitted. • 2. The proposed designs show signage on the side elevations of the buildings. At other Sonic Restaurants these signs have pictures of the menu restaurant items. The applicant has been informed that these are considered signs and a maximum of 3 signs are permitted. The applicant contends that they are decoration and not signs. • 3. Staff concludes that the patterns and colors of the concrete used in the outdoor eating area could use additional work and design enhancement in order to complement and be better integrated into the futuristic theme of the restaurant. Staff Recommendation: Staff recommends that the Design Review Committee review the two proposed designs, give consideration to staff's design comments and to direct staff if additional changes are necessary prior to scheduling the project for Planning Commission review. Design Review Committee Action: Members Present: Lou Munoz, Pam Stewart, Corkran Nicholson Staff Planner: Donald Granger for Tabe van der Zwaag The applicant submitted colored elevations showing two possible building designs. The Committee selected the original design that integrates elements from the vehicle canopies into the overall building design. The Committed approved the project with the LED lighting on the . vehicle canopies and on the building. The Committee also accepted the decorative concrete design in the outdoor eating areas as proposed by the applicant. The Committee added the following conditions: 1. Each supporting column (22 total) at the car canopies shall have a decorative tube steel element. 2. The Committee affirmed that pictures of the restaurant menu items are not permitted on • the building elevations. EXHIBIT 0 �� A-16 RESOLUTION NO. 09-30 • • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR CONDITIONAL USE PERMIT DRC2009-000219, A REQUEST TO CONSTRUCT A 1,761 SQUARE FOOT FAST FOOD RESTAURANT WITH A DRIVE-THRU WINDOW,CAR SERVICE DINING AND A 774 SQUARE FOOT OUTDOOR EATING AREA ON AN EXISTING 27,240 SQUARE FOOT SITE THAT IS A PART OF A PREVIOUSLY APPROVED 7.01-ACRE MASTER PLANNED DEVELOPMENT IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 12), LOCATED AT THE NORTHWEST CORNER OF 4TH STREET AND PITTSBURGH AVENUE - APN: 0229-341-20; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Keystone Restaurant Group filed an application for the issuance of Conditional Use Permit DRC2009-00219, 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 9th day of September 2009, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing to consider 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 the substantial evidence presented to this Commission during the above-referenced public hearing on September 9,2009, including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows: a. The site is located at the northwest corner of 4th Street and Pittsburgh Avenue. It is the final pad of a master planned development (Conditional Use Permit DRC2003-00728), which also includes a 68,714 square foot hotel and three restaurant/retail buildings totaling 24,729 square feet. The site has been graded and the perimeter landscaping has been installed; and b. The project site is within Subarea 12 of the Industrial Park District. The Development Code specifies that fast food sales are conditionally permitted at the subject location; and c. The surrounding area is developed with a mix of hotels, restaurants, and general commercial uses and is all within Subarea 12 of the Industrial Park District. The Ontario Mills Mall is a regional commercial center that is located to the south of the project across 4th Street in the City of Ontario; and d. The 1,761 square foot restaurant includes a 774 square foot outdoor eating area, two drive-up vehicle canopies (21 covered parking spaces), and a drive-thru lane; and • e. There will be no indoor seating. Customers will be able to order food by going through the drive-thru or by ordering at the individual drive-up and walk-up order kiosks. Carhops will bring orders to both those dining in their vehicles and in the outdoor eating areas; and A-17 • PLANNING COMMISSION RESOLUTION 09-30 DRC2009-00219— KEYSTONE RESTAURANT GROUP September 9, 2009 Page 2 • f. The restaurant will operate from 6 a.m. to 12 midnight and will have between 35 to 50 total employees; and g. The proposed use requires a total of 33 parking spaces. With the completion of this project, the entire master planned site will have a 356 shared parking space, which is the minimum • permitted by the Development Code; and h. The minimum building setback along 4th Street is 45 feet from the curb face. The drive-thru window encroaches into the building setback by 4 feet. The street frontage adjacent to the drive-thru window includes a vehicle right-turn lane. Staff concludes that the applicant's request is justified because of the vehicle turn out lane and the small size of the building pop-out in which the drive-thru window is located; and i. Staff does not foresee any land use or vehicle circulation conflicts between the applicant's business and the existing tenants in the center. There is adequate parking for all the uses in the center, and the location of the Sonic restaurant, at the southeast corner of the center, provides a physical buffer between it and the other tenants. Additionally, the drive-thru lane will provide stacking for 9 vehicles. 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; and 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; and c. The application,which contemplates operation of the proposed use,complies with each of the applicable provisions of the Development Code except for the 4-foot building setback deficit along 4th Street for which the applicant has requested a Minor Exception. 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application,the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines,the City adopted a Mitigated Negative Declaration on January 28,2004, in connection with the City's approval of Tentative Parcel Map SUBTPM16282 and Conditional Use Permit DRC2003-00728 for the development of the commercial center at the subject location. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless:(i)substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii)substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts;or(iii)new important information shows the project will have new or more severe impacts than previously considered; or(iv) additional mitigation measures • are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. A-18 PLANNING COMMISSION RESOLUTION 09-30 DRC2009-00219— KEYSTONE RESTAURANT GROUP September 9, 2009 • Page 3 b. The Planning Commission finds, in connection with Conditional Use Permit DRC2009-00219,that no substantial changes have been made that would effect the conclusions made in the previous Mitigated Negative Declaration. The original approval took into consideration that the subject site would be developed with a 7,300 square foot restaurant. This application proposes a 1,761 square foot restaurant and 774 square foot outdoor eating area, well within the scope of the original approval. Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, 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. This is true because the original review was premised on the site being developed with a much larger sit-down restaurant. Additionally, an Air Quality Study was completed for the project which concluded that the project will not have a significant impact on the environment. Therefore, pursuant to CEQA, staff recommends that the Planning Commission concur with staff's determination that no additional environmental review is required in connection with the City's consideration of Conditional Use Permit DRC2009-00219. c. Based on these findings and all evidence in the record, the Planning Commission concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of the Conditional Use Permit DRC2009-00219. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, the Planning Commission hereby approves the application, subject to each and every condition set forth below in the Standard Conditions, attached hereto and incorporated herein by this reference: • Planning Department: • 1) This approval is for the development of a 1,761 square foot restaurant, which includes a 774 square foot outdoor eating area,two drive-up vehicle canopies, and a drive-thru lane on Lot 2 of Tentative Parcel Map SUBTPM16282 within the Town Place Square. 2) Any modification or any intensification of the use beyond what is specifically approved by Conditional Use Permit DRC2009-00219 and the Conditions of Approval shall require review and approval by the Planning Director. Revisions to the hours of operation or change in operation of the activities/operations, as stated in this Resolution of Approval and Conditions of Approval, are subject to the review and approval of the Planning Director. 3) Approval of Conditional Use Permit DRC2009-00219 includes approval for Minor Exception DRC2009-00435 to allow a 4-foot reduction in the required 45-foot building setback off of 4th Street in the area adjacent of the right-hand turn lane. 4) All architectural and site plan details submitted for plan check shall be consistent with the plans approved by the Design Review Committee (DRC) on August 4, 2009, and on-file with the Planning Department, and the following conditions: • • The Committee selected the original design that integrates elements from the vehicle canopies into the overall building design. • Each supporting column at the car canopies(22 total)shall have the decorative tube steel element. A-19 PLANNING COMMISSION RESOLUTION 09-30 DRC2009-00219— KEYSTONE RESTAURANT GROUP September 9, 2009 Page 4 • • Pictures of the restaurant menu items are not permitted on the building elevations. 5) The restaurant is permitted to operate from 6 a.m.to 12 midnight.Changes to the operating hours of the restaurant shall be submitted for review and approval by the Planning Director. 6) This permit does not include the sale of distilled spirits. 7) This permit does not allow entertainment. Entertainment activities as defined by Rancho Cucamonga Municipal Code Chapter 5.12,shall require the applicant to obtain a separate Entertainment Permit approval from the Planning Commission. 8) The facility shall operate in conformance with all applicable performance standards as defined in the Development Code including, but not limited to, noise levels. If operation of the facility causes adverse effects upon the adjacent businesses or.operations, the Conditional Use Permit shall be brought before the Planning Director for consideration and possible termination of the use. 9) The trash enclosure shall be constructed in conformity with the Planning Department's standard commercial trash enclosure drawing and match the • other trash enclosures within the development. 10) Any signs proposed for the restaurant shall be designed in conformance with the City's Sign Ordinance and the Uniform Sign Program for the Town Place Square (#155). Written landlord and Planning Director approval shall be obtained prior to installation of any signs. 11) The applicant shall pay all applicable development impact and building permit fees. 12) All roof-mounted equipment including, but not limited to, HVAC units, vents,blowers and stack units shall be screened by the parapet. Sufficient details (e.g. cross-sections, roof plan, roof-mounted equipment locations) shall be provided during plan check demonstrating adequate parapet height to screen all roof-mounted equipment. If the height of necessary roof-mounted equipment exceeds the height of the parapet, an architecturally compatible screening element shall be installed to the satisfaction of the Planning Director. If a secondary screening element is necessary, architectural details shall be provided to the satisfaction of the Planning Director during plan check. 13) If the approved operation of the business creates law enforcement and/or fire safety problems such as, but not limited to, loitering and disturbances, noise, overcrowding or blocked fire exits, etc.,the Conditional Use Permit shall be brought before the Planning Director for consideration of modification and/or revocation. • 14) This facility shall be operated in conformance with the performance standards as identified in the Development Code. If operation of the facility A-20 PLANNING COMMISSION RESOLUTION 09-30 DRC2009-00219— KEYSTONE RESTAURANT GROUP September 9, 2009 • Page 5 causes adverse effects upon adjacent businesses, this Conditional Use Permit shall be brought before the Planning Director for consideration and possible termination of the use. 15) This Conditional Use Permit approval shall expire if building permits are not issued or approved Use has not commenced within 5 years from the date of approval. No extensions are allowed. 16) Occupancy of this facility shall not commence until such time as all Uniform Building Code and State Fire Marshal's regulations have been complied with. Prior to occupancy, plans shall be submitted to the Building and Safety Department to show compliance. The building shall be inspected for compliance prior to occupancy. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF SEPTEMBER 2009. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: • Richard B. Fletcher, Chairman ATTEST: James R. Troyer, AICP, Secretary I,James R.Troyer,AICP, 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 9th day of September 2009, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • A-21 ` } ' COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2009-00219 SUBJECT: CONDTIONAL USE PERMIT APPLICANT: KEYSTONE RESTAURANT GROUP LOCATION: NORTHWEST CORNER OF 4TH STREET AND PITTSBURGH AVENUE-APN: 0229-341-20 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: • 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. • 2. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The / /_ project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Determination - $50 X B. Time Limits 1. Conditional Use Permit approval shall expire if building permits are not issued or approved use /_/_ has not commenced within 5 years from the date of approval. No extensions are allowed. • • SC-12-08 • 1 • I:\PLANNING\FINAL\PLNGCOMM\2009 Res& StfRpt\DRC2009-00219StdCond 9-9.doc A-22 Project No.DRC2009-00219 Completion Date C. 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 Department, the conditions contained herein, and the Development Code regulations. • 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 Planning Director. 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 Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be _/_/_ submitted for Planning Director review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for / /_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, • building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 6. 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. 7. A detailed on-site lighting plan, including a photometric diagram,shall be reviewed and approved _/_/_ by the Planning Director and Police Department (477-2800) prior to the issuance of building • permits. Such plan shall indicate style, illumination, location,height,and method of shielding so as not to adversely affect adjacent properties. 8. If no centralized trash receptacles are provided,all trash pick-up shall be for individual units with _/ /_ all receptacles shielded from public view. 9. Trash receptacle(s)are required and shall meet City standards. The final design,locations,and _/_/_ the number of trash receptacles shall be subject to Planning Director review and approval prior to the issuance of building permits. 10. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be / /_ located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. 11. All building numbers and individual units shall be identified in a clear and concise manner, _/_/_ including proper illumination. 12. All parkways, open areas, and landscaping shall be permanently maintained by the property / /_ owner, homeowners'association,or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for Planning Director and City Engineer review and approved prior to the issuance of building permits. • • 2 I:\PLANNING\FINAL\PLNGCOMM\2009 Res&StfRpt\DRC2009-00219StdCond 9-9.doc A23 • • Project No. DRC2009-00219 Completion Date D. 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. Detailed designs shall be submitted for Planning Department review and approval prior to the issuance of building permits. 2. Graffiti shall be removed within 72 hours. / / 3. The entire site 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. 5. Textured pavement shall be provided across circulation aisle, pedestrian walkway, and plaza. _/_/_ They shall be of brick/tile pavers, exposed aggregate, integral color concrete,or any combination thereof. Full samples shall be submitted for Planning Director review and approval prior to the • issuance of building permits. 6. The lighting fixture design shall compliment the architectural program. _/_/_ • 7. All future projects within the shopping center shall be designed to be compatible and consistent /_/_ with the architectural program established. E. Building Design 1. All roof appurtenances, including air conditioners and other roof mounted equipment and/or _/_/_ projections shall be screened from all sides and the sound shall be buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically more than 18 inches above the roof or roof parapet, shall be screened by an architecturally designed enclosure which exhibits a permanent nature with the building design and is detailed consistent with the building. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically less than 18 inches above the roof or roof parapet shall be painted consistent with the color scheme of the building. Details shall be included in building plans. 2. For commercial and industrial projects, paint roll-up doors and service doors to match main _/_/_ building colors. F. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts / /_ a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. • 3 I:\PLANNING\FINAL\PLNGCOMM\2009 Res& StfRpt\DRC2009-00219StdCond 9-9.doc A-24 Project No. DRC2009-00219 Completion Date • 2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall _/_/_ contain a 12-inch walk adjacent to the parking stall (including curb). 3. Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more / / parking stalls. Designate two percent or one stall; whichever is greater, of the total number of stalls for use by the handicapped. 4. Motorcycle parking area shall be provided for commercial and office facilities with 25 or more _/_/_ parking stalls. Developments with over 100 parking stalls shall provide motorcycle parking at the rate of one percent. The area for motorcycle parking shall be a minimum of 56 square feet. G. Trip Reduction 1. Bicycle storage spaces shall be provided in all commercial, office, industrial, and multifamily _/_/_ residential projects of more than 10 units. Minimum spaces equal to five percent of the required automobile parking spaces or three bicycle storage spaces,whichever is greater. After the first 50 bicycle storage spaces are provided, additional storage spaces required are 2.5 percent of the required automobile parking spaces. Warehouse distribution uses shall provide bicycle storage spaces at a rate of 2.5 percent of the required automobile parking spaces with a minimum of a 3-bike rack. In no case shall the total number of bicycle parking spaces required exceed 100. Where this results in a fraction of 0.5 or greater, the number shall be rounded off to the higher whole number. H. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in _/_/_ the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. • 2. A minimum of 20% of trees planted within industrial projects, and a minimum of 30% within /_/_ commercial and office projects, shall be specimen size trees-24-inch box or larger. 3. Within parking lots,trees shall be planted at a rate of one 15-gallon tree for every three parking _/ /_ stalls. 4. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one / /_ tree per 30 linear feet of building. 5. The final design of the perimeter parkways,walls,landscaping,and sidewalks shall be included in /_/_ the required landscape plans and shall be subject to Planning Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Department. 6. All walls shall be provided with decorative treatment. If located in public maintenance areas,the _1_/_ design shall be coordinated with the Engineering Department. I. Signs 1. The signs indicated on the submitted plans are conceptual only and not a part of this approval. _/_/_ Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Department prior to installation of any signs. • • 4 I:\PLANNING\FINAL\PLNGCOMM\2009 Res& SHRpt\DRC2009-00219StdCond 9-9.doc A-25 Project No. DRC2009-00219 Completion Date • • APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT,(909)477-2710, ajOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: IIIITOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) J. General Requirements 1. Submit five complete sets of plans including the following: / /_ a. Site/Plot Plan; b. Foundation Plan; • c. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams,water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and • g. Planning Department Project Number (i.e., DRC2009-00219) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. _/ /_ Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. • 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to / /_ the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. / /_ 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the _/_/_ Building and Safety Department. K. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be / /_ marked with the project file number(i.e., DRC2009-00219). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for • availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new commercial or industrial development project or / /_ major addition,the applicant shall pay development fees at the established rate. Such fees may include but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees,Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permits issuance. 3. Street addresses shall be provided by the Building and Safety Official after tract/parcel map / /_ recordation and prior to issuance of building permits. 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday / /_ through Saturday, with no construction on Sunday or holidays. • 5 I:\PLANNING\FINAL\PLNGCOMM\2009 Res&SttRpt\DRC2009-00219SidCond 9-9.doc A-26 Project No.DRC2009-002t9 Completion Date 5. Construct trash enclosure(s) per City Standard (available at the Planning Department's public _/_/_ counter). L. New Structures • 1. Provide compliance with the California Building Code (CBC) for property line clearances _/_/_ considering use, area, and fire-resistiveness. 2. Provide compliance with the California Building Code for required occupancy separations. 3. Plans for food preparation areas shall be approved by County of San Bernardino Environmental _/_/_ Health Services prior to issuance of building permits. 4. Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC _/_/_ Section 1505. 5. Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A _/_/_ 6. Openings in exterior walls shall be protected in accordance with CBC Table 5-A. _/_/_ 7. Upon tenant improvement plan check submittal, additional requirements may be needed. / /_ • M. Grading 1. Grading of the subject property shall be in accordance with California Building Code,City Grading _/ /_ Standards, and accepted grading practices. The Grading and Drainage Plan(s) shall be in substantial conformance with the approved conceptual Grading and Drainage Plan. 2. A.soils report shall be prepared by a qualified engineer licensed by the State of California to ` / /_ perform such work. Two copies will be provided at grading and drainage plan submittal for • review. Plans shall implement design recommendations per said report. 3. A geological report shall be prepared by a qualified Engineer or Engineer Geologist and _/_/_ submitted at the time of application for Grading and Drainage Plan review. 4. The final Grading and Drainage Plan,appropriate certifications and compaction reports shall be / /_ completed, submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 5. A separate Grading and Drainage Plan check submittal is required for all new construction _/_/_ projects and for existing buildings where improvements being proposed will generate 50 cubit yards or more of combined cut and fill. The Grading and Drainage Plan shall be prepared, stamped, and wet signed by a California licensed Civil Engineer. 6. The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures and place _/_/_ a dust control sign on the project site prior to the issuance of a grading permit. 7. A drainage study showing a 100-year, AMC 3 design storm event for on-site drainage shall be _/_/_ prepared and submitted to the Building and Safety Official for review and approval for on-site storm water drainage prior to issuance of a grading permit. All reports shall be wet signed and sealed by the Engineer of Record. S. The Grading and Drainage Plan shall Implement City Standards for on-site construction where _/_/_ possible, and provide details for al work not covered by City Standard Drawings. 9. All slopes shall be a minimum 2 foot off-set from the public right-of-way or adjacent private _/_/_ property. • • 6 I:\PLANNING\FINAL\PLNGCOMM\2009 Res&StfRpt\DRC2009-00219StdCond 9-9.doc A-27 Project No. DRC2009-00219 Completion Date • • 10. Private sewer, water and storm drain improvements will be designed per the latest adopted _/_/_ California Plumbing Code. • 11. The maximum parking stall gradient is 5 percent. Accessibility parking stall grades shall be _/_/_ constructed per the current adopted California Building Code. • 12. Roof storm water is not permitted to flow over the public parkway and shall be directed to an _/_/_ under parkway culvert per City of Rancho Cucamonga requirements prior to issuance of a grading permit 13. The final Grading and Drainage Plan shall show existing topography a mini8mum of 100 feet _/_/_ beyond the project boundary. 14. The applicant shall provide a grading agreement and grading bond for all cut and fill combined _/_/_ exceeding 5,000 cubic yards prior to issuance of a grading permit. The grading 15. The precise Grading and Drainage Plan shall follow the format provided in the City of Rancho _/_/_ Cucamonga handout"Information for Grading Plans and Permit." N. Special Conditions 1. The applicant shall provide a copy of EPA Form 7520-16 (Inventory of Injection Wells)with the Facility ID ID Number assigned to the Building and Safety Official prior to issuance of the grading permit. O. Water Quality Management Plan 1. A Storm Water Quality Management Plan shall be approved by the Building and Safety Official —/—/— • and the City of Rancho Cucamonga's"Memorandum of Storm Water Quality Management Plan" shall be recorded prior to the issuance of a grading permit. 2. The Water Quality Management Plan (WQMP) prepared by LN Civil Engineers, Inc., dated May 21,21, 2009, has been reviewed and is deemed "Approved." The following comments are required to be completed prior to issuance of grading permit: Section Page Comments The City of Rancho Cucamonga's"Memorandum of Agreement of Storm Water Quality Management Plan" shall be recorded prior to issuance of a grading permit. • APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: P. Street Improvements 1. Improvement Plans and Construction: a. Prior to any work being performed in public right-of-way, fees shall be paid and a / /_ construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. • 7 I:\PLANNING\FINAL\PLNGCOMM\2009 Res&StfRpt\DRC2009-00219StdCond 9-9.doc A-28 Project No.DRC2009-00219 Completion Date Q. Drainage and Flood Control 1. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the _/_/ • property from adjacent areas. R. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system,water,gas, _/_/_ electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. _/_/_ 3. Water and sewer plans shall be designed and constructed to meet the requirements of the _/_/_ Cucamonga Valley Water District(CVWD), Rancho Cucamonga Fire Protection District,and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD is required prior to final map approval or issuance of permits,whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. S. General Requirements and Approvals , 1. Prior to the issuance of building permits,a Diversion Deposit and related administrative fees shall _/_/_ be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills,and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Department when the first building permit application is submitted to Building and • Safety. Form CD-2 shall be submitted to the Engineering Department within 60 days following the completion of the construction and/or demolition project. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED • • • 8 I:\PLANNING\FINAL\PLNGCOMM\2009 Res&StfRpt\DRC2009-00219StdCond 9-9.doc A-29 • co` ,ia-' Rancho Cucamonga Fire Protection District • ( a1 Fire Construction Services FIRE.,.. STANDARD CONDITIONS April 6, 2009 Keystone Restaurant Group Marketplace Covina LP Sonic Burgers NWC Pittsburg Avenue & 4th Street PMT2009-00219 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT The RCFPD Procedures & Standards which are referenced in this document can be access on the web at http://www.ci.rancho-cucamoncia.ca.us/fire/index.htm under the Fire Safety Division & Fire Construction Services section. Search by article; the preceding number of the standard refers to the article. Chose the appropriate article number then a drop down menu will appear, select the corresponding standard. • FSC-1 Public and Private Water Supply 1. Design guidelines for Fire Hydrants: The following provides design guidelines for the spacing and location of fire hydrants: a. The maximum distance between fire hydrants in commercial/industrial projects is 300-feet. No portion of the exterior wall shall be located more than 150-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 100-feet. b. The preferred locations for fire hydrants are: 1. At the entrance(s) to a commercial, industrial or residential project from the public roadways. 2. At intersections. 3. On the right side of the street, whenever practical and possible. 4. As required by the Fire Safety Division to meet operational needs of the Fire District. 5. A minimum of forty-feet (40')from any building. c. If any portion of a facility or building is located more than 150-feet from a public fire hydrant • measured on an approved route around the exterior of the facility or building, additional private or public fire hydrants and mains capable of supplying the required fire flow shall be provided. A-30 d. Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof. FSC-2 Fire Flow • 1. The required fire flow for this project is 1500 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This requirement is made in accordance with Fire Code Appendix, as adopted by the Fire District Ordinances. 3. Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. 4. Fire protection water plans are required for all projects that must extend the existing water supply to or onto the site. Building permits will not be issued until public fire protection water plans (if required) are approved. 5. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. FSC-6 Fire District Site Access Fire District access.roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access Roadways Standard. 1. Location of Access: All portions of the structures 1st story exterior wall shall be located within 150-feet of Fire District vehicle access, measure on an approved route around the exterior of the • building. Landscaped areas, unpaved changes in elevation, gates and fences are deemed obstructions. 2. Specifications for private Fire District access roadways per the RCFPD Standards are: a. The minimum unobstructed width is 26-feet. b. The maximum inside turn radius shall be 24-feet. c. The minimum outside turn radius shall be 50-feet. d. The minimum radius for cul-de-sacs is 45-feet. e. The minimum vertical clearance is 14-feet, 6-inches. £ At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side. g. The angle of departure and approach shall not exceed 9-degrees or 20 percent. h. The maximum grade of the driving surface shall not exceed 12%. i. Support a minimum load of 70,000 pounds gross vehicle weight (GVW). j. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14- feet, 6-inches from the ground up. Vegetation shall not be allowed to obstruct Fire • Department apparatus. 2 A-31 3. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided as follows: • a. In buildings without high-piled storage, access shall be provided in accordance with the 2001 California Building Code, Fire and/or any other applicable standards. b. In buildings with high-piled storage access doors shall be provided in each 100 lineal feet or major fraction thereof, of the exterior wall that faces the required access roadways. When railways are installed provisions shall be made to maintain Fire District access to all required openings. 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 7. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. 8. Approved Fire Department Access: Any approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative Method application, if applicable, must be • reproduced on the architectural plans submitted to B&S for plan review. 6. Roof Access: There shall be a means of fire department access from the exterior walls of the buildings on to the roofs of all commercial, industrial and multi-family residential structures with roofs less than 75' above the level of the fire access road. • a. This access must be reachable by either fire department ground ladders or by an aerial ladder. b. A minimum of one ladder point with a fixed ladder shall be provided in buildings with construction features, or high parapets that inhibit roof access. c. The number of ladder points may be required to be increased, depending on the building size and configuration. d. Regardless of the parapet height or construction features the approved ladder point shall be identified in accordance to the roof access standard. e. Where the entire roof access is restricted by high parapet walls or other obstructions, a permanently mounted access ladder is required. f. Multiple access ladders may be required for larger buildings. g. Ladder construction must be in accordance with the RCFPD Roof Access Standard Appendix A. • h. A site plan showing the locations of the roof ladder shall be submitted during plan check. i. Ladder points shall face a fire access roadway(s). • 3 A32 • FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building • construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. • Compressed Gases FSC-12 Hazardous Materials - Submittal to Fire Construction Services Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment designed to store, use or dispense hazardous materials in accordance with the 2007 California Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD46and other implemented and/or adopted standards. • Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to the issuance of any building permits: 1. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. • Please reference the RCFPD Water Plan Submittal Procedure Standard. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 2. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. • 3. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. PRIOR TO THE RELEASE OF TEMPORARY POWER • The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION — Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the • fire hydrant location on the street or driveway in accordance with the City of.Rancho Cucamonga 4 A-33 • Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, • the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on- site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 3. Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed in service. 4. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 5. Address: Prior to the issuance'of a Certificate of Occupancy, commercial/industrial and multi- family buildings shall post the address in accordance to the appropriate RCFPD addressing Standard. • • 6. Hazardous Materials: The applicant must obtain inspection and acceptance by Fire Construction Services. 7. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. 8. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, a 8 '/" x 11" or 11" x 17" site plan of the site in accordance with RCFPD Standard shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. • 5 • A-34 ✓' , . .. :: . ., .....0 „cot Site Description ..i Conditional Use Permit •• The site is located at the northwest corner of 4th Street r: and Pittsburgh Avenue Sonic Drive-ln • it is the final pad of a master-planned development which also includes a 68,714 square foot hotel and three restaurant/retail buildings totaling 24,729 square feet • The site has been graded and the perimeter landscaping has been installed R Business Operation - g t 1 7 �'�r { • She Layout—1.1,761 sf Restaurant with Drive-fhru Lane � I t 1 -yd Z,„ 2.Covered Outdoor Eating Area ' 3.Two Drive Up Canopies(22 Parking Spaces) • .`u3 ; e_ • Hours of Operation—6 a.m.to Midnight ��� ,r-t^-: L =� i • Number of Employees—12 Employees Per Shift Architecture F - _ . _—l.ar£e Ord% Sonic restaurants share the following architectural elements: r Waiting O�; r 1. A common footprint and building layout 2.An arched canopy with stretched fabric over the outdoor eating . ' area . 3. Free standing drive-up vehicle canopies 4. The use of red and yellow reveals inset into the cornice of the 4 vehicle canopies 5.A yellow arched metal canopy over the tower element ■ - /,, _ a _ n.. 1 a 5. • twra■ 1., • 811611.111111C. 1..iI-- -- - . EErtl .. »iIEM i ..-.. -_ .a ,r r rev �11 -'�� i . • , - -- nnt 0 hi�p_� - a4tr; . eae — piliXIMUM■1p•∎∎=LI rail , r ,smote=Rs I ZO `! i * • * _ _�110yR Qtt^ Parking Calculation • Lend Ur Square Fast Coda Standard Rewired P arking ,w a l . -81 Relel-Existing Development 11.320 1 pace Per 250 of 47 paws /IoW-Existing Development 112 Room. l pecepe'rcom+ 114 gates 2 mg SPaca • Fast Food-asselln6 Development 8.215 1 to per 75 sf 110 spaces Rateurent-Exisang Development 5,180 1 space per 100 sf 52 spaces Foot Food-Sublat Slte 2,5350 �;: 0.731•7741 1 1 spec.per 73 of 33 speta P , t r t Taal Spaces Req cowed _-- 358 a y ,2v x _ ._ Tar Spaces Rw Mad 358 Excess Perking Totel Development 0 2 PLANNING COMMISSION RESOLUTION 09-30 DRC2009-00219– KEYSTONE RESTAURANT GROUP September 9, 2009 Page 3 b. The Planning Commission finds, in connection with Conditional Use Permit DRC2009-00219,that no substantial changes have been made that would effect the conclusions made in the previous Mitigated Negative Declaration. The original approval took into consideration that the subject site would be developed with a 7,300 square foot restaurant. This application proposes a 1,761 square foot restaurant and 774 square foot outdoor eating area, well within the scope of the original approval. Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, 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. This is true because the original review was premised on the site being developed with a much larger sit-down restaurant. Additionally, an Air Quality Study was completed for the project which concluded that the project will not have a significant impact on the environment. Therefore, pursuant to CEQA, staff recommends that the Planning Commission concur with staff's determination that no additional environmental review is required in connection with the City's consideration of Conditional Use Permit DRC2009-00219. c. Based on these findings and all evidence in the record, the Planning Commission concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of the Conditional Use Permit DRC2009-00219. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, the Planning Commission hereby approves the application, subject to each and every condition set forth below in the Standard Conditions, attached hereto and incorporated herein by this reference: Planning Department: 1) This approval is for the development of a 1,761 square foot restaurant, which includes a 774 square foot outdoor eating area,two drive-up vehicle canopies, and a drive-thru lane on Lot 2 of Tentative Parcel Map SUBTPM16282 within the Town Place Square. 2) Any modification or any intensification of the use beyond what is specifically approved by Conditional Use Permit DRC2009-00219 and the Conditions of Approval shall require review and approval by the Planning Director. Revisions to the hours of operation or change in operation of the activities/operations, as stated in this Resolution of Approval and Conditions of Approval, are subject to the review and approval of the Planning Director. • -• • - - se _. - _ ..• .. . •. _ Minor Exccption DRC2009 00435 to allow a 4 foot rcduction in the 4) All architectural and site plan details submitted for plan check shall be consistent with the plans approved by the Design Review Committee (DRC) on August 4, 2009, and on-file with the Planning Department, and the following conditions: ' • The Committee selected the original design that integrates elements from the vehicle canopies into the overall building design. • Each supporting column at the car canopies (22 total)shall have the decorative tube steel element. —79 STAFF REPORT Lir , elbeit • PLANNING DEPARTMENT DATE: September 9, 2009 RANCHO TO: Chairman and Members of the Planning Commission CUCAMONGA FROM: James R. Troyer, AICP, Planning Director BY: Adam Collier, Planning Technician SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2007- 00402 — FRANK AN - Design Review of a proposed retail commercial center consisting of 3 buildings totaling 51,940 square feet on 4.67 acres of land within the Community Commercial District (Subarea 4) of the Foothill Boulevard Specific Plan located along the west side of Etiwanda Avenue north of Foothill Boulevard - APN: 0227-221-08. Related File: SUBTPM18535. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM18535 - FRANK AN - A request to subdivide 4.67 acres of land into 3 parcels for commercial purposes in the Community Commercial District (Subarea 4) within the Foothill Boulevard Specific Plan, located along the west side of Etiwanda Avenue north of Foothill Boulevard - APN: 0227-221-08. Related File: Development Review DRC2007-00402. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. • RECOMMENDATION: Staff is requesting a continuance of these items to the October 14, 2009 Planning Commission hearing to allow for re-notification Of the items and re-circulation of the Initial Study. • Respectfully submitted, , . /?. r / Jam s R. Troyer, AICP PI ning Director JRT:AC/Is • Items B & C STAFF REPORT PLANNING DEPARTMENT DATE: September 9, 2009 RANCHO TO: Chairman and Members of the Planning Commission CUCAMONGA FROM: James R. Troyer, AICP, Planning Director BY: Daniel Correa, Assistant Planner SUBJECT: CONDITIONAL USE PERMIT DRC2009-00274 - OKAWA SUSHI AND GRILL - A request to modify Conditional Use Permit No. DRC2008-00025 for new business hours and to allow live nightly entertainment in an existing restaurant use at 8158 Day Creek Boulevard, #100, in the Regional Related Office/Commercial District - APN: 0229-021-71. Related Files: Conditional Use Permit DRC2007-00025 and Entertainment Permit DRC2008-00275. This project is categorically exempt from the requirement of the California Environmental Quality Act (CEQA) pursuant to state CEQA Guidelines Section 15301 (Class 1 Exemption - Existing Facilities). ENTERTAINMENT PERMIT DRC2009-00275 — OKAWA SUSHI AND GRILL - A request to allow live nightly entertainment and dancing within an existing restaurant at 8158 Day Creek Boulevard, #100, in the Regional Related Office/Commercial District - APN: 0229-021-71. Related Files: Conditional Use Permit DRC2009-00274 and Conditional Use Permit DRC2007-00025. This project is categorically exempt from the requirement of the California Environmental Quality Act (CEQA) pursuant to state CEQA Guidelines Section 15301 (Class 1 Exemption — Existing Facilities). • PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: North - Regional Related Office/Commercial South - Regional Related Office/Commercial East - Regional Related Office/Commercial West - Regional Related Office/Commercial B. General Plan Designations: Project site — Regional Related Office/Commercial North - Regional Related Office/Commercial South - Regional Related Office/Commercial East - Regional Related Office/Commercial West - Regional Related Office/Commercial Site Characteristics: Okawa Sushi & Grill is a privately owned sit-down restaurant that specializes in Oriental cuisine and pastries, and it has been in business since September 1, 2007. It is located on a site of approximately 39.25 acres along with other commercial uses and buildings that face Day Creek Boulevard. It occupies one of two unit spaces within a freestanding building at the Foothill Crossing Shopping Center. The restaurant has a floor area of approximately 3,400 square feet and is adjacent to a neighboring retail business. The site currently contains 1,838 parking spaces. The applicant is requesting to modify the existing Conditional Use Permit to change the hours of operation, and also gain approval of an Entertainment Permit. • Items D & E PLANNING COMMISSION STAFF REPORT • DRC2009-00274 AND DRC2009-00275 — OKAWA SUSHI & GRILL September 9, 2009 Page 2 ANALYSIS: A. Background: On April 22, 2008, the initial Conditional Use Permit was granted to allow the sale of alcoholic beverages (Type 47 License) in conjunction with meals at the subject restaurant. It also requires City approval for any modification to the hours of operation and/or the intensification of the use such as the addition of entertainment and dancing. Entertainment requires the approval of a separate Entertainment Permit by the Planning Commission. The applicant is requesting both a modification in the hours of operation and an Entertainment Permit. Development Code Section 17.30.030 allows live entertainment and dancing in conjunction with meals at the subject restaurant with an approved Entertainment Permit. No physical expansion of the restaurant is proposed with this request. B. Use Description: Okawa Sushi & Grill is requesting approval to modify the existing Conditional Use Permit to allow for nightly live entertainment and dancing. The restaurant has an existing bar; however, there is no intent to expand the bar. At present, the business hours are Sunday through Thursday, 10:00 a.m. to 10:00 p.m., and 10:00 a.m. to 11:00 p.m. on Friday and Saturday; however, the applicant is requesting to extend the weekend business hours. Likewise, this submittal does not request, nor does it include a request for a nightclub (i.e. • Type 48 License) style entertainment and/or dancing. C. Entertainment Permit: The purpose for the requirement of an Entertainment Permit is to • ensure the compatibility of adjacent uses and separation of potential nuisance activities. No residential uses are adjacent or in the immediate area of the restaurant or the multi-tenant commercial center in which it is located. As such, the potential conflict to sensitive uses is very low. Furthermore, most (if not all) of the other (non-food) businesses in the center will be closed before entertainment activities are set to begin at the restaurant. Moreover, the applicant will be required to provide full meals and outside uniformed security during the entertainment hours until the restaurant closes. • Live Entertainment and Dancing: The entertainment proposed includes live music; e.g., an assortment of live bands and music such as, but not limited to, solo instrumental player and/or singer, Jazz, Rock and Roll, and Rhythm and Blues bands, Karaoke, disc jockey, comedians, and dancing. If approved, the entertainment activities will be permitted to occur each night beginning at 9:00 p.m. and ending at 1:30 a.m. All entertainment will take place indoors. The proposed area within the restaurant set aside for entertainment is 218 square feet - 42 square feet for the stage area and 176 square feet for the dancing area. Currently, no entertainment exists at the restaurant. The proposed entertainment floor area will be set up each night temporarily during the entertainment hours of 9 p.m. to 1:30 a.m. The restaurant management and/or staff will rearrange the existing four tables and chairs that are located in the center of the dining area of the restaurant. These tables and chairs will be moved to the northwest section of the dining area adjacent to the Sushi Bar; thereby creating a temporary entertainment area of approximately 218 square feet. Each night at closing, the four tables and chairs will be replaced in the original center area of the restaurant and the temporary entertainment area • D & E- 2 PLANNING COMMISSION STAFF REPORT DRC2009-00274 AND DRC2009-00275 — OKAWA SUSHI & GRILL • September 9, 2009 Page 3 disbanded, returning the restaurant strictly to an eating place between the hours of 11:00 a.m. to 9:00 p.m., daily. The carpeted floor will remain the same. There will be no enhancement to the floor or walls of the restaurant. The applicant has no intention of creating a permanent entertainment floor area or making the restaurant into a nightclub atmosphere (Exhibits B and C). D. Land Use Compatibility: The property is in the Regional Related Office/Commercial District, which allows for a range of retail and commercial services, including sit-down restaurants and live entertainment. As such, Okawa Sushi & Grill Restaurant is compatible as a land use and is consistent with the other restaurant uses in the center. Okawa Sushi & Grill Restaurant opened its doors at this location in 2008 and was granted approval of Conditional Use Permit 08-07 allowing a bar and the service of alcoholic beverages with meals, No problems with the current operation of the business at this location have been reported. Staff finds the proposed changes to the existing restaurant to be appropriate given the type of entertainment proposed, the location of the restaurant within a larger retail/commercial center, and the lack of nearby residential and sensitive uses that could be adversely impacted by noise. Nevertheless, staff will add conditions of approval to ensure that the approved uses are properly controlled and can be enforced if necessary. E. Parking: The applicant's existing restaurant is within the Foothill Crossing retail center where ample parking is provided. There is no intent to expand the floor area with this request; the 111/ request for extension of business hours does not affect the parking. The center is required to . be parked at 1 parking space for every 200 square feet of gross floor area. The center has a total gross floor area of 314,090 square feet, which translates into a total parking requirement of 1,571 parking spaces. The center provides 1,838 parking spaces, 267 parking spaces over the minimum. Furthermore, staff has determined that restaurants do not occupy over 15 percent of the total gross floor of the retail center, which means that the applicant's restaurant was previously parked at the same parking requirement as retail use. Staff thus finds that there is more than adequate available parking for the entire shopping center use. F. Environmental Assessment: When the original Conditional Use Permit application was approved in 2008, the staff found the project to be categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. This exemption covers minor alterations of the existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency's original environmental determination. The building was originally built and has been used as a restaurant. The current project involves only a change in business hours and minor • interior improvements to accommodate the entertainment within the existing lease space of the restaurant. The requested changes do not affect the original exemption finding. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. No comments have been received in regard to this project. • • D & E- 3 PLANNING COMMISSION STAFF REPORT DRC2009-00274 AND DRC2009-00275 — OKAWA SUSHI & GRILL September 9, 2009 Page 4 • RECOMMENDATION: Based on the above analysis, staff recommends approval of Conditional Use Permit DRC2009-00274, allowing extended hours of operation and entertainment in conjunction with the restaurant use at 8158 Day Creek Boulevard, #100. In addition, staff recommends approval of Entertainment Permit DRC2009-00275 through the attached Resolutions of Approval with Conditions. Respectfully submitted, g &ter Jam R. Troyer, AICP Planning Director JRT:DC/ge Attachments: Exhibit A - Site Plan and Zoning Map Exhibit B - Floor Plan during Restaurant Hours Exhibit C - Floor Plan during Entertainment Hours Exhibit D - Applicant Statement of Operations Draft Resolution of Approval for Conditional Use Permit DRC2009-00274 Draft Resolution of Approval for Entertainment Permit DRC2009-00275 • • D & E- 4 Yitm>n'a f_� • e' ♦IarNNar — -� .�_ �y ,EE i .. C 6mc.. ,`� � L 1 � ,� � Il t(" ad.� N y.0 ' ' F t�. -(.- § sears a cif lllNl i1 �e1'''II4 li11i�1tIL61 7M\a' V\i �'t�`ei� �+�`iV����\n3 i ',s') V .,`'t 3L .1 1`v. �' 4 i A t ' 0fm i -r . €._ E € 1 toE.JTlfliFii11i '°�if1 1 I � '' �� '� ,I I� � � it 1 c' DEPOT, .4.1-ut lliiill fll(# zI � i.� 1lllil�t • o-rdi$F " / ' t, s '1 ( .j( '`„;. a t_ - "''It t E tai '"'�" a, j C• r II \I`' 'two/.� r. C r .'wk��.��,A\ L1'.11 IC12! .(v" ,./V;; .- ` If 4 > 1p° F G <Q}lEIIIEE(I� (' �' Li . �\ t m i 1 .lvanrp.Yh "1: 4 i t I I p;.\\\\ bCons\'�� \\\\���a 14.:;,,.,.;ij tj1¢ A 0 ir..��\���I I I' \ E B e 18 I L�`riiiir f�U� "IITt �j ,1 OY pv A g1 81,6 ` t1E= a d ielltlTI1 fl{fj �r-:,,,..,,.m.:-:...,:,11 1 I tf.td _--sr.,,,,,,..- EMPTY •,�� a 'Li_ > #n r{:'. a"�R .�`: � �w\``1".. .` ti,a'-i i,. '�t t. 25.000 SF . la '.1.e.,,1§v � ': 241.&+1 r 1 I tJ iiri RI1p 4..f'y , --_.-K...h k �n '' �14f�1fNfI1fl�IfF4IN4}� ! ;li t{1 I -j- _ —vV r t t n Y 7^ p(. p� qI Eryf Ip'} `1.1}'p'�`,W'�I{tpfp a •ii I( b. i� `— -0 c-, :.-: ' '.v, �gIf1111fii111111'ill f Ill J y ..6%� , ,,2-;:e;• � H � ) 4:f N/6 t.'" 1 N ,•,, 4 V l I :w n y 5,1 jr�\ =\%Aii.ia ' r . ,n?" + / G5 3 `414'C r� P T \'a,1� A�4,qtr l ...1, 3 4 �;�,/�j l pollek � ' t S.tm 'l ,, kV. --.:• If�V )/ ' / �/ t 5 �/• :_k� ryn.P - MI ,/,///� d< ' • �ffa°Hfll / f . e F /. P j �/ . j ter [ I ' fl If hIk. vim" —: 'k*- ' ,57/ /'/ ` r / s° ' _ /''" R t"t / h < /r t/.! ' - / CO \\4� �1 ,e 1I tR�S, � 9i_ Oross/i � .r�ttt a jam ; Y i ' N S . XHIBIT A Updated:december 2007 CG Nora:The purpose of this plan It to show en eppropnem Idea andmr oerspecla eAlh..i ocj:t. It shall not be deemed a warranty,representation or agree/tit part of Landlord thel the Project will be,or will remain as depicted hereon. or that the Tenants shown hereon pt any)are now,or will be in occupency at. the Proiect.The information above has been obtained from sources deemed reliable While we do not doubt its accuracy,we nano not verified and mete no g CONDITIONAL USE PERMIT: DRC2009-00274 AND • ENTERTAINMENT PERMIT: DRC2009-00275 fr r 1 r TV r r lilt EVENIZEIESI 4//// i .; II A MOZISEIRM ..<:,,..... 4 MVIET 3 �� oi%16,.., ;, Y/r rriirri.i/�i�/Or� fin,SMICEEIrlill 14,31; ArL1/44-AfirP174,71,2. 4-it AA Pr tei 4 IV t. -3. t' r /l3":"+ Ae Fox. 1�A n m ,''1/ � 7 /� � � TMc +a# 1 1 rt e 701 ri 4 �/� / r��/��// �! 1, , tt C 'u tar ia w in // .�.- .,. _F - .,,•......s - 7/////:41 !'reeve%/////// 'sue.�to OKAWA SUSHI AND GRILL ��''Q'm 'F 'ti ["L^ ^=_ - s -Tom° f .C� �� a 't ;,,,,,ray '#"� o �I " p 3 - er . ?T `b } %+ ., 3 � .1� fit\ .. a of } zfitF o\a ' `• F'lr 41 V r fit tag �3w, �y it Sr "Re -Pla-raagtat rz 0 P.--104tµ 14' • a'fr X , Kee. s, r i{.s I ' �./(;> fcfp. ana1F,../ ,,}psi%'3j.�•l s!'•4 '',PaY� b t+;,�}i N °rx"7-1:i1/4:'f,, b�x.9yy a�I�kr IYfCS x T' 1 Q��Jj .�'ffifit_ FVV/"",', d5 „ "h�� 3a �f14:1: M1' ",� "5P fart'+.' it,ur':- f at n ( .et' „F. s Slit„ 1 �1 ,r•' J Ftt'3 , Y ; -- J 1wi Y14.P �Y� Y J ,',..-..2% '1.+{ ,, a ..axe ,� ,"-' "n'■' a } . t .'F' t44-r-....1 .•1 a ',J JV ,,-`,\ ° '7A°�?",.i� + +b Far',,,:it. �i, ti r ,e µror�Js lh ] t�'Yiur 7 "F JACKBFNNV � �, yv ill { F r ahf 4 i C t F. 1. v\.1L...0 �- it e..::i / K,. • .7:7, . t.. t“ ' ...y r��4..�_[4.4,.1.. 'Mr., _,..„_,4 :hv.._.. A N 0 D & E- 6 . I 3 ! 2 i • 8158 Day Creek #100 Seat 87 '' de`N *'1.CA O.�f O Rancho Cucamonga 'r ENTERTAINMENT 'r O S a. 1 10X15=150 I I r iMO!im 3 Q 11 '' 0.'.t.—. ` u! \ r ' / -. .Y/f.rt /— — - lc 1 '101 IEIWINE RAA I wH NI I ! .• ,.X E a � 1 I imv.ro.m I - '.. IBLE PAT v _ � ` , . .Ak 1]® qv \- I ESRORAGE\ I r W°, w N \ CSI 0 II \r ,rs'''' 10\N c\C1W S Lt♦` m P • I _51 '�c\ \1oJ 51 {AR\e�0` I C �: ,,z.„..,,,,„ ed i IIOJ�� . r V a _�J I i \ � ' •/ \ \ � o en \ .. 11w wo d w L.n—I� -! , N^ \ �r� I / ^ � o.. I., ir ^ \ J t St - c - !�-o' (<I -,- ARRA _M _ _ ' 3:15:3V CE C^ T _ r Q 1Si _ n1 a } I = _ _ 1:122-1� I: ,I . ,.,MEN . ..--1-. : c « i 1--R— I' — .�— u.ervn.re _ I n,. il mn.e. 1C -AA.yti o- 1 II 1 'I '� `^ (EIHAII 11 -61 !—i 1 o o ini�M� 4 IEIWOMEN '� I— _,1 4-. i , . sill � Cpl ..____,t 3� e r'oi' ^ La EXHIBTB � � 23 EXISTING FLOOR PLAN DURING REGULAR RESTAURANT HOURS: 11 :00 AM TO 9:00 PM D & E— 7 4 it 2I • 8158 Day Creek #100 Seat 87 "/Ural GRAf,w,{i( 0 Rancho Cucamonga '7 ENTERTAINMENT `r O 1 10X15=150 1 s.. �_ I 0 u l _.� 1 c'°' I �-_ IUI I - IEItWN'E EAR+ I_. 'w ,NI i IT013 CL. pi c 3 - � imvno.oa IBLEPAT — ` • j a f" a r m w N N, �e le I - [iL N \ • �S I IEISi0RA0E w jORYNNT Q T IA SO g. „k > �-4 Di A \ F ✓ A L \0\0 \, - _,...„<,:,-, Jii/, ♦i. A o �. 1 ,. VI' III izEts__E —._g \ ♦♦4jt\ \Fj � ° U I°_ J I Q0 I �. �c . al C`- f—,— ✓ 1 0 , g , •—moo r° I J= '-17 1 IQ" r �� / IISERVICE rn'. •_ I it — V-J 59: ,jam y 0, I I -'h d I-- ift t� x i. Imo_ i p n' a- fill \ i o- III, e�: e RAuF� I a.26 ft ni I u I ....--" a. - It'WOMEN _J ` III s EXHIBIT C FLOOR PLAN DURING ENTEeZ 'AIIN$MENT HOURS 9:00 PM TO 1 :30 AM STATEMENT OF OPERATION • March 25, 2009 To Whom It May Concern: Okawa Sushi and Grill Request to increase its business hours and provide live nightly entertainment that will consist of various Live Bands, Karakoe, Disc Jockey and dancing. Therefore we are requesting to modify our existing Conditional use permit, CUP 2008-00025. The proposed business operation is to maintain the existing full service sit down Restaurant service and to add Nightly entertainment. The change of business hours are 11:00 am to 2:00 am Monday to Sunday. The entertainment hours will be from 9:00 pm to 1:30 am Monday to Sunday. We will provide at all times during the entertainment hours, a Certified Security personnel to • assure orderly conduct and saftey for both our customers and the Foothill Crossings. Consequently we have had the opportunity to see the growth of this community step by step. We believe that adding entertainment will make our business more competitive with the many new establishments that have come to Rancho Cucamonga in recent years. I hope this will insure the future sucess of our Restaurant. Thank You for your consideration of this request. ungkun Cho- C.E.O. OKAWA SUSHI AND GRILL Foothill Crossing 8158 Day Creek Blvd. #100 Rancho Cucamonga,California 91739 (909)646-7658(TEL.) (909) 646-7568(FAX) • EXHIBIT B • D & E- 9 RESOLUTION NO. 09-33 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DRC2009-00274 AND AMENDING PREVIOUSLY APPROVED CONDITIONAL USE PERMT DRC2008-00025, ALLOWING A CHANGE IN BUSINESS HOURS AND LIVE ENTERTAINMENT AT THE EXISTING OKAWA SUSHI AND GRILL RESTAURANT WITHIN THE FOOTHILL CROSSING SHOPPING CENTER IN THE REGIONAL RELATED OFFICE/COMMERCIAL DISTRICT, LOCATED AT 8158 DAY CREEK BOULEVARD, #100; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0229-021-71. A. Recitals. 1. Cho Sungkun filed an application to amend Conditional Use Permit No. DRC2008-00025 as described in the title of this Resolution. Hereinafter, in this Resolution, the subject Conditional Use Permit DRC2009-00274 is referred to as "the application." 2. On the September 9, 2009, 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 the substantial evidence presented to this Commission during the above-referenced public hearing on September 9, 2009, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to Okawa Sushi and Grill Restaurant located at 8158 Day Creek Boulevard, #100, within the Foothill Crossing Shopping Center with a street frontage of over 1,000 feet along Foothill Boulevard and Day Creek Boulevard, and is presently improved with buildings, parking, and landscaping; and b. The properties to the north, south, east, and west of the subject site are zoned Regional Related Office/Commercial (RRO/C) in the Victoria Specific Plan; and c. The existing restaurant use occupies a lease space of approximately 3,400 square feet; and d. The existing restaurant opened at the subject location in 2007. In 2008, the restaurant owner, Mr. Sungkun, received. a license to serve alcoholic beverages (Type 47 ABC License) in conjunction with meals pursuant to the approval of Conditional Use Permit DRC2008-00025; and e. Okawa Sushi and Grill Restaurant has requested a modification to the existing • conditions of approval to change the existing business hours from 10:00 a.m. to 11:00 p.m. every day to new hours of 11:00 a.m. to 2:00 a.m., 7 days a week (Monday through Sunday) and to allow live entertainment at the restaurant 7 days a week, starting at 9 p.m. and ending at 1:30 a.m. • D & E- 10 PLANNING COMMISSION RESOLUTION NO. 09-33 • DRC2009-00274--OKAWA SUSHI AND GRILL RESTAURANT September 9, 2009 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 request to modify conditions of approval 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; and 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; and c. The application, which contemplates modifications to the operations of the existing • restaurant use, complies with each of the applicable provisions of the Development Code. 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The,project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301.(e).(2) because the project is in an area where all public services and facilities are allowed for maximum development which is permissible per the General Plan. In addition, there is no substantial evidence that the project may have a significant effect on the environment. The • Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staff's determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, • the Planning 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 Department: 1) Approval to amend Conditional Use DRC2008-0025 is granted to allow new business hours for the existing full-service restaurant use at 8158 Day Creek Boulevard. All remaining conditions of approval for of the abovementioned Conditional Use Permit for the restaurant shall continue to apply. 2) The new business hours shall be 11:00 a.m.to 2:00 a.m.seven days a week. Changes to these business hours shall require the review and approval of the Planning Commission. 3) Indoor live entertainment is allowed at the restaurant 7 days a week from 9 p.m. to 1:30 a.m., subject to Planning Commission review and approval of a separate Entertainment Permit DRC2009-00275. Any entertainment for the restaurant use shall be family oriented and clearly incidental to the primary restaurant use. All entertainment activities shall be conducted entirely within the restaurant establishment. 4) The entertainment activities may only occur each night beginning at • 9:00 p.m. and ending at 1:30 a.m. D & E- 11 ' PLANNING COMMISSION RESOLUTION NO. 09-33 DRC2009-00274— OKAWA SUSHI AND GRILL RESTAURANT September 9; 2009 Page 3 • 5) The business owners shall insure at all times that the maximum allowable occupancy load shall not exceed 87 persons. 6) The business owner and its managers will provide uniformed security during the evening hours of entertainment. All security personnel shall dress in a conspicuous security uniform; displaying at all times badge and shoulder_patches and shall be licensed by a private, reputable security company. 7) The restaurant shall continue to offer a full-menu of food items cooked on the premises and served during all hours that alcoholic beverages are made available for purchase and consumption. At no time shall alcoholic beverages be served when full-menu items are not offered by the restaurant. • 8) The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed premises. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the State of California, Department Alcohol Beverage Control on demand. • 9) 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. 10) The business shall operate in conformance with the performance standards as defined in the Development Code including, but not limited to, noise levels. If the operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit may be reviewed by the Planning Commission for consideration and possible termination of the use. 11) Any modification or intensification of the use beyond what is specifically approved by this Conditional Use Permit and Entertainment Permit shall require review and approval by the Planning Commission. 12) Any modification or expansion of the floor plan which increases dance floor/entertainment area, standing area, or expansion of the bar area, as shown in Attachments A and B, shall be brought back to the Commission for review and approval. • D & E- 12 PLANNING COMMISSION RESOLUTION NO. 09-33 DRC2009-00274— OKAWA SUSHI AND GRILL RESTAURANT September 9, 2009 Page 4 • 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF SEPTEMBER 2009 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman ATTEST: James R. Troyer, AICP, Secretary I,James R.Troyer, AICP, 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 9th day of September 2009, by the following vote-to-wit: AYES: COMMISSIONERS: • NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • D & E- 13 • rr ° "" °" COMMUNITY DEVELOPMENT 44, . Y DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2009-00274 SUBJECT: CONDITIONAL USE PERMIT • APPLICANT: CHO SUNGKUN LOCATION: 8158 DAY CREEK BOULEVARD, #100—APN: 0229-021-71 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 0 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. 2. Copies of the signed Planning Commission Resolution of Approval No. 09-33, Standard / /_ Conditions, 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. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The / /_ project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption -$50 X B. Site Development 1. 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 Planning Director. • SC-12-08 1 I:\PLANNING\FINAL\PLNGCOMM\2009 Res&StfRpt\DRC2009-00274StdCond 9-9.doc • D & E- 14 - Project No. DRC2009-00274 • Completion Date 2. 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. . C. Shopping Centers 1. Graffiti shall be removed within 72 hours. / / 2. The entire site 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. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT,(909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) D. Existing Structures 1. Upon tenant improvement plan check submittal, additional requirements may be required. / /_ • • • • • 2 I:\PLANNING\FINAL\PLNGCOMM\2009 Res&StfRpt\DRC2009-00274StdCond 9-9.doc D & E- 15 RESOLUTION NO. 09-34 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT DRC2009-00275 TO ALLOW LIVE ENTERTAINMENT AND MODIFY THE BUSINESS HOURS FOR EXISTING OKAWA SUSHI AND GRILL RESTAURANT WITHIN THE FOOTHILL CROSSING SHOPPING CENTER IN THE REGIONAL RELATED OFFICE/COMMERCIAL DISTRICT, LOCATED AT 8158 DAY CREEK BOULEVARD, #100; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0229-021-71. A. Recitals. 1. Cho Sungkun filed an application to allow live entertainment in conjunction with Conditional Use Permit DRC2009-00274 as described in the title of this Resolution. Hereinafter, in this Resolution,the subject Entertainment Permit DRC2009-00275 is referred to as"the application." 2. On the September 9, 2009, 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 the substantial evidence presented to this Commission during the above-referenced public hearing on September 9, 2009, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to Okawa Sushi and Grill Restaurant located at 8158 Day Creek Boulevard, #100, within the Foothill Crossing Shopping Center with a street frontage of over 1,000 feet along Foothill Boulevard and Day Creek Boulevard, and which is presently improved with buildings, parking, and landscaping; and b. The properties to the north, south, east, and west of the subject site are zoned Regional Related Office/Commercial (RRO/C) in the Victoria Specific Plan; and c. The existing restaurant use occupies a lease space of approximately 3,400 square feet; and d. The existing restaurant opened at the subject location in 2007. In 2008, the restaurant owner, Mr. Sungkun, received a license to serve alcoholic beverages (Type 47 ABC License) in conjunction with meals pursuant to the approval of Conditional Use Permit DRC2008-00025; and • e. The applicant has proposed no exterior changes or expansion of the restaurant except for minor interior revisions to accommodate the 218 square foot entertainment area; and D & E- 16 PLANNING COMMISSION RESOLUTION NO. 09-34 DRC2009-00274— OKAWA SUSHI AND GRILL RESTAURANT September 9, 2009 Page 2 • f. Okawa Sushi and Grill Restaurant has requested a modification to the existing conditions of approval to change the business hours from 10:00 a.m.to 11:00 p.m.every day to new hours of 11:00 a.m. to 2:00 a.m., 7 days a week (Monday through Sunday) and also to allow live entertainment at the restaurant 7 days a week, starting at 9 p.m. and ending at 1:30 a.m. 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 request to modify conditions of approval 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; and c. The application,which contemplates modifications to the operations of the existing restaurant use, complies with each of the applicable provisions of the Development Code. 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301.(e).(2) because the project is in an area where all public services and facilities are allowed for maximum development which is permissible per the General Plan. In addition, there is • no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staff's determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, the Planning 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 Department: 1) Approval to allow live entertainment and new business hours for the existing full-service restaurant use at 8158 Day Creek Boulevard. All remaining conditions of approval for Conditional Use Permit DRC2009-00274 for the restaurant shall continue to apply. 2) The new business hours for the existing restaurant use shall be 11:00 a.m. to 2:00 a.m. seven days a week. Changes to these business hours shall require the review and approval of the Planning Commission. 3) Indoor live entertainment is allowed at the restaurant 7 days a week from 9 p.m.to 1:30 a.m. Any entertainment for the restaurant use shall be family-oriented and clearly incidental to the primary restaurant use. All entertainment activities shall be conducted entirely within the • restaurant establishment. D & E- 17 PLANNING COMMISSION RESOLUTION NO. 09-34 DRC2009-00274—OKAWA SUSHI AND GRILL RESTAURANT September 9, 2009 Page 3 • 4) The live entertainment and dancing area is limited to a maximum of 218 square-feet, 42 square feet for the stage area and 176 square feet for the dancing area. 5) The entertainment activities may only occur each night beginning at 9:00 p.m. and ending at 1:30 a.m. 6) Approval is for live music, consisting of an assortment of live bands 'and music such as, but not limited to, solo instrumental player and/or singer, Jazz, Rock and Roll; Rhythm and Blues bands, Karaoke, disc jockey, comedians, and dancing. 7) At no time will the restaurant owners and/or staff provide or allow any Heavy Metal, Hip-Hop, or Punk Rock music or entertainment during the lifetime of the restaurant business. 8) No adult entertainment as defined in Section 17.04.090 of the Rancho Cucamonga Municipal Code shall be permitted with this Entertainment Permit. 9) Business owner(s) and its managers will provide uniformed security during the evening hours of entertainment. All security personnel shall dress in a conspicuous security uniform, displaying at all times badge • and shoulder patches and shall be licensed by a private, reputable security company. 10) The restaurant shall continue to offer a full menu of food items prepared on the premises and served during all hours that alcoholic beverages are made available for purchase and consumption. At no time shall alcoholic beverages be served when full menu items are not offered by the restaurant. • 11) The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed premises. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the State of California, Department Alcohol Beverage Control on demand. 12) The applicant shall submit an annual Entertainment Renewal Permit application and fee of $75.00 pursuant to Municipal Code Section 5.12.115. 13) 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. • 14) The business shall operate in conformance with the performance standards as defined in the Development Code including, but not limited to, noise levels. If the operation of the facility causes adverse D & E- 18 PLANNING COMMISSION RESOLUTION NO. 09-34 DRC2009-00274 —OKAWA SUSHI AND GRILL RESTAURANT September 9, 2009 Page 4 • • effects upon adjacent businesses or operations, the Conditional Use Permit may be reviewed by the Planning Commission for consideration and possible termination of the use. 15) Any modification or intensification of the use beyond what is specifically approved by this Conditional Use Permit and Entertainment Permit shall require review and approval by the Planning Commission. 16) Any modification or expansion of the floor plan which increases dance floor/entertainment area, standing area or expansion of the bar area, as shown in Attachments A and B, shall be brought back to the Commission for review and approval. 17) The business owners shall insure at all times that the maximum allowable occupancy load shall not exceed 87 persons. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF SEPTEMBER 2009 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: •Richard B. Fletcher, Chairman ATTEST: James R. Troyer, AICP, Secretary I,James R.Troyer,AICP, 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 9th day of September 2009, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • D & E- 19 . I a1 21 T:Fq au:a • 8158 Day Creek #100 Seat 87 01 O Rancho Cucamonga r ENTERTAINMENT 'Is I!P 54 4' 1 10X15=150 Y I • ue.Mw—, mm.11•.1•1O "i a.•.m Gi mu,.. I a .nan I .o•i•.. c- m .EL 'OVINE e.A isb w"."r.lU 0 II , -- 13 1 V [R ISLE PAT. ..1 ` _ Iw,.•.o•oo, ' ik 1 \ AA A I I'IS40R pG'. r ?A 4MOV i na R. .� ms ?pm O. ILa6 ce‘‘.\,, v:::: a,,,,, t:-....t, AS\ �V � #:\ W ] n• I —^N . SI P,1 ii • ..... +� w. "Y .v ,— r--il ,1 0.*3 \ i-'- 2c .o• ia_. rsr.. 1 I=J '�� tj . yp,., _ `'., ,/w w.m J. \ YaCY 90 PP"ee _ ��'�'�-- IE1 &f 1 OSEF RVICE'" ` (,. 4 �� ®� to __ __ n I -.0 �+' ■ ' f; - r1 . >r"' I1?fM II III — �. �` C IEINA ER., i I 1101 "1"1° d ° .MWOMFN I �- s J s 111 �� I-, 7� L f il I—_/ l 3 MO 2 � 0 d °Attachment A EXISTING FLOOR PLAN DURING REGULAR RESTAURANT HOURS: 11 :00 AM TO 9:00 PM D & E- 20 4.I 3 I 2 ; 'GAWoco. • 8158 Day Creek #100 Seat 87 wwrvan xf. M CO Rancho Cucamonga ENTERTAINMENT r O 10X15=150 T 1 , I cwwc—�° umx•un. "—\ \ f /r— p,_. i rte.U I II101 1 IHWwE IeR I� na 1 ' 10LE`PAT '. e s � Taw 4.,, j Vitie I e. r IIPI .C IEISfORAEGF caN fR •N I ��, l 3' Ill 2'1 l • 4.' IEICCOCInE ii V ✓ , \errAr i\ s�\r 7 1 �`� .. .rn.. xewm i wcti•wG wE 1." aotip- he 1,C ;4 � % IEISER54W C E 014'. iv —. O -1 Zd V rr I . Q 0 �` 26ft BF! �EINe0.I I 0 — SRI WID IPIVAI cr WOMEN m 0 ID ■1 Ill j __ ■ ; ! �R Attachment B FLOOR PLAN DURING ENTERTEAINMENT HOURS 9:00 PM TO 1 :30 AM • A-47?-4".4.4 DEVELOPMENT DEPARTMENT S<fl STANDARD CONDITIONS PROJECT#: DRC2009-00275 SUBJECT: ENTERTAINMENT PERMIT APPLICANT: CHO SUNGKUN LOCATION: 8158 DAY CREEK BOULEVARD, #100 — APN: 0229-021-71 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: • Completion Date General Requirements 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. 2. Copies of the signed Planning Commission Resolution of Approval No. 09-34, Standard _/_/_ Conditions, 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. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The /_/_ project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption - $50 X B. Site Development 1. 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 Planning Director. • SC-12-08 1 I:\PLANNING\FINAL\PLNGCOMM\2009 Res&SdRpt\DRC2009-00275StdCond 9-9.doc D & E- 22 Project No. DRC2009-00275 Completion Date 2. 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. C. Shopping Centers 1. Graffiti shall be removed within 72 hours. / / 2. The entire site 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. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) D. General Requirements 1. Submit five complete sets of plans including the following: _/_/_ a. Floor Plan; E. Existing Structures 1. Upon tenant improvement plan check submittal, additional requirements may be required. / /_ • • • • • 2 I:\PLANNING\FINAL\PLNGCOMM\2009 Res&StfRpt\DRC2009-00275StdCond 9-9.doc D & E- 23 • STAFF REPORT , ± • PLANNING DEPARTMENT RANCHO CUCAMONGA Date: September 9, 2009 To: Chairman and Members of the Planning Commission From: James R. Troyer, AICP, Planning Director By: Daniel Correa, Assistant Planner Subject:. A 6-MONTH PROGRESS REPORT OF THE BUSINESS OPERATION RELATED TO CONDITIONAL USE PERMIT DRC2007-00283 — EL LOCO CANTINA (FORMERLY FELIPE'S), located in the Masi Plaza at 11815 Foothill Boulevard in the Industrial Park'District (Subarea 7) - APN: 0229-011-38. Related Files: Conditional Use Permit 00-44 and Entertainment Permit DRC2007-00284. A 6-MONTH PROGRESS REPORT OF THE BUSINESS OPERATION RELATED TO ENTERTAINMENT PERMIT DRC2007-00284 — EL LOCO CANTINA (FORMERLY. FELIPE'S), located in the Masi Plaza at 11815 Foothill Boulevard in the Industrial Park District (Subarea 7) - APN: 0229-011-38. Related Files: Conditional Use Permit 00-44 and Conditional Use Permit DRC2007-00283. • BACKGROUND: Conditional Use Permit CUP 00-44 for Felipe's Mexican Restaurant was originally approved by the Planning Commission in conjunction with a public hearing on December 12, 2000 (Exhibit: A). On April 10, 2007, the owners, Felipe and Alma De La Piedra, filed Conditional Use Permit DRC2007-00283 (Exhibit B) to extend the business hours from 10:00 a.m. to 9:00 p.m. to 11:00 a.m. to 2:00 a.m., 7 days a week and Entertainment Permit DRC200-00284 (Exhibit C), to allow nightly live entertainment at the restaurant. Both applications were approved by the Planning Commission on July 25, 2007, by the passage of Resolution No. 07-43 and Resolution No. 07-44 (Exhibit D). . Because of the number of police calls and complaints from adjacent businesses, the Entertainment Permit was reviewed'for compliance on July 9, 2008 (Exhibit E) and September 10, 2008 (Exhibit F) and on December 12, 2008, set forth with the conditions of approval and Resolution 08-69 (Exhibit G) with a directive for a 6-month review (Exhibit H). A review of records from Code Enforcement, the Police Department, and the Planning Department show that in the past seven months no citations have been issued and no complaints were received from the adjacent businesses within the center regarding El Loco Cantina & Grill. There are no complaints on record regarding the nightly entertainment or the behavior of the patrons. During the compliance phase, the business owner(s) reduced the size of the entertainment floor area, provided security at the business facility as required, returned the restaurant to a family orientated atmosphere, and served distilled spirits with complete meals. All of these measures have helped the owners manage the business so that all Conditions of Approval from the Entertainment Permit can be met. • ANALYSIS: On or about July 29, 2008, the Planning Department became aware of the aforementioned Condition of Approval violations and police services calls to Loco Cantina & Grill. There were Items F & G • PLANNING COMMISSION STAFF REPORT DRC2007-00283 & DRC2007-00284 — EL LOCO CANTINA August 9, 2009 • Page 2 approximately 23 police responding calls from July 2007 through April 2008; however, there has been a significant improvement since the Planning Commission hearing of December 10, 2008. From late April 2008 to December 2008, there was only one (1) police service call. It was an after hour autodial alarm call. A recent check with the Police Department records revealed no service calls to the business in the past 7 months. Likewise, since December 2008, staff conducted several on-site compliance inspections of El Loco Cantina & Grill, and to-date the business owners have been in compliance of the Conditions of approval of Resolution 08-69 (Exhibit G). Staff believes that since the number of police calls has drastically decreased and the business owners of Loco Cantina & Grill have been in compliance for over 6 months, review of the Conditional Use Permit and Entertainment Permit will no longer be required in the future unless deemed necessary by the City Planning Director, the Planning Commission, and/or the City Police Department. CORRESPONDENCE: No advertising was required for this progress report. RECOMMENDATION: Staff recommends to the Planning Commission that this report be received and filed and that Conditional Use Permit DRC2007-00283 and Entertainment Permit DRC2009-00284 not be required to return for further periodic review unless deemed necessary. Respectfully submitted, • R. jiver) Jam R. Troyer, AICP Plan ng Director JRT/DC/ge Attachments: Exhibit A - Resolution No. 00-31, dated December 12, 2000 Exhibit B - Planning Commission Staff Report, dated July 25, 2007 Exhibit C - Entertainment Permit — DRC2007-00284 Approval Letter, dated July 26, 2007 Exhibit D - Resolution No. 07-43 and Resolution No. 07-44, dated July 25, 2007 Exhibit E - Planning Commission Minutes, Public Hearing of July 9, 2008,. Exhibit F - Planning Commission Minutes, Public Hearing of September 10, 2008 1 Exhibit G - Resolution No. 08-69, dated September 10, 2008 Exhibit H - Planning Commission Minutes, Public Hearing of December 10, 2008 • • F & G- 2 . • • • RESOLUTION NO. 00-31 A RESOLUTION OF THE CITY PLANNER OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT NO. 00-44, PERMITTING THE SALE AND ON-SITE CONSUMPTION OF ALCOHOL (TYPE 47 LIQUOR LICENSE) IN A 2800-SQUARE FOOT RESTAURANT WITHIN THE EXISTING MASI PLAZA COMMERCIAL CENTER LOCATED IN THE INDUSTRIAL PARK DISTRICT(SUBAREA 7) AT 11815 FOOTHILL BOULEVARD, UNITE,AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 229-011-38. A. Recitals. 1. Felipe's Taqueria filed.an application for the issuance of Conditional Use Permit No. 0044, 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 12th day of December2DOD, the City Planner 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, Ins hereby found, determined, and resolved by the City Planner of the • City of Rancho Cucamonga as follows: 1. The City Planner 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 the City Planner during the above- referenced public hearing on December 12,2000, including written and oral staff reports,together with public testimony, the City Planner hereby specifically finds as follows: a. The application applies to property located at 11815 Foothill Boulevard,Unit'E'in the Masi Plaza commercial center at the southwest•comer of Foothill Boulevard and Rochester Avenue; and • b. The properties to the north are designated as Community Commercial, the • properties to the south are designated as General Industrial, the properties to the east are designated as Industrial Park, and the properties to the west are designated as Industrial Park;and c. The applicant proposes the sale of alcohol for on-site consumption within an existing sit-down restaurant. The applicant is not proposing an increase in operating hours, or any physical alterations of the building; and d. The number of parking spaces available at the site is over 400 lots. The parking requirement for the applicant's project is 28 spaces,calculated at one space per 100 square feet of• floor area; and EXHIBIT A F & G- 3 • • CUP 00-44 — FELIPE'S TSUERIA • December 12, 2000 • Page 2 e. The neighboring businesses within the commercial center are compatible with the proposed use. The proposed project's operating hours and parking requirements will not conflict with these, or any of the other, existing tenants; and 3. Based upon the substantial evidence presented to the City Planner during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, the City Planner 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. d. The changes and alterations incorporated into the proposed project will have no significant adverse environmental effects. 4. The City Planner hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the Califomia Environmental Quality Act of 1970,as amended, and the Guidelines promulgated thereunder, pursuant to Section 15303(c)of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1;2, 3, and 4 above, the City Planner 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) Conditional Use Permit approval is for the sale and on-site consumption of alcohol in an existing sit-down restaurant located at 11815 Foothill Boulevard, Unit 'E', covering approximately 2800 square feet within an existing commercial center located at the southwest corner of Foothill Boulevard and Rochester Avenue. No changes in operating hours or structural alterations to the building are authorized with this permit. 2) The hours of operation are 10:00am to 9:00pm every day. 3) Approval of this request is contingent on the application through and approval by the California Department of Alcoholic Beverage Control(ABC) fora Type 47 Liquor License permitting the sale and on-site consumption of alcohol. 4) 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. 5) If operation of the facility 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, • F & G- 4 CUP 00-44— FELIPE'S Tait JERIA December 12, 2000 • Page 3 • • 6) The facility shall be operated in conformance with the performance standards as defined in the Development Code including, but not limited to, noise levels. 7) Any signs proposed for the restaurant shall be designed in conformance with the City's Sign Ordinance and the Uniform Sign Program for the complex and shall require review and approval by the City Planner, prior to installation. • 8) Any modification of the restaurants operating hours or days, or any intensification of the restaurant's use beyond what is specifically approved by this Conditional Use Permit shall require review and approval by the City Planner. 9) Nightclub style dancing and entertainment is not authorized with the approval of this conditional use permit. • 6. The Secretary to the City Planner shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH.DAY OF December 2000. CITY PLANNER OF THE CITY OF RANCHO CUCAMONGA • 011 BY: kik is • Bra. ! '-r, City I.:ever ATTEST: `" / : Lois J. S rader, Secretary • I, Lois J. Schrader, Secretary of the City Planner of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Planner of the City of Rancho Cucamonga,at a regular meeting of the City Planner held on the 12th day of December 2000. • • F & G- 5 • • hl T H E izM C I T Y OF RANCHO CUCAM-ONCA � Staff Report • DATE: July.25, 2007 TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Daniel Correa, Planning Technician • SUBJECT: CONDITIONAL • USE PERMIT DRC2007-00283 — FELIPE'S MEXICAN RESTAURANT -. A request to modify Conditional Use Permit No. 00-44 for new business hours and to allow live nightly entertainment in an existing restaurant • use at 11815 Foothill Boulevard in the Industrial Park District (Subarea 7) - APN: 0229-011-38.' Related Files: Conditional Use Permit No. 00-44 and Entertainment Permit DRC2007-00284. • ENTERTAINMENT PERMIT DRC2007-00284 — . FELIPE'S MEXICAN RESTAURANT - A request to allow live nightly entertainment and dancing within an existing restaurant at 11815 Foothill Boulevard, in the Industrial Park District (Subarea 7) - .APN: 0229-011-38. .Related Files: Conditional Use Permit DRC2007-00283 and Conditional Use Permit 00-44. . BACKGROUND: . . • On December 12, 2000, a Conditional Use Permit was-granted to allow the sale of alcoholic • beverages (Type 47 license) in conjunction with meals at the subject restaurant. Conditions 8 and 9•of City Planner Resolution 00-31 requires City approval for any modification to the hours of operation and/or the intensification of the use such as the addition of dancing and entertainment. Entertainment requires the approval of a separate Entertainment Permit by the Planning Commission. The applicant is requesting both a.modification in the hours of operation and an Entertainment Permit. PROJECT AND SITE DESCRIPTION: Felipe's Mexican Restaurant is a privately owned business specializing in Mexican cuisine and pastries and is located in the Masi Plaza center. The size of the restaurant is 2,800 square feet with an outdoor dining area of approximately 600 square feet. The applicant desires to provide entertainment for the restaurant use and is requesting to modify the existing Conditional Use Permit to change the hours of operation and approval of an Entertainment Permit. The proposed changes are as follows: • • EXHIBIT B F & G- 6 • • PLANNING COMMISSION STAFF REPORT DRC2007-00283 AND DRC2007-00284 — FELIPE'S MEXICAN RESTAURANT July 25, 2007 Page 2 • Hours of Operation: The new business hours proposed for the restaurant are 11:00 • a.m. to 2:00 a.m., Tuesday through Sunday (restaurant to be closed every Monday). The current business hours are 10:00 a.m. to 9:00 p.m. every day. • Live Entertainment and Dancing: The entertainment proposed includes live music (e.g., Mariachi and Conjunto bands, Karaoke, etc.), disc jockey, comedians and dancing. The entertainment activities will occur each night (business is closed on Mondays) beginning at 9:00 p.m. and ending at 1:30 a.m. All entertainment will occur indoors. The area within the restaurant set aside for entertainment is 150 • square feet. Currently, no entertainment exists at the restaurant. A. Surrounding Land Use and Zoning: • Site - Masi Plaza Commercial Center/Industrial Park (IP), Subarea 7 North - Home Depot/Spaghetti Factory/Community Commercial (CC) zone in Terra Vista Community Plan South- Masi Plaza/Epicenter/Industrial Park -Subarea 7 East - Masi Plaza and Undeveloped land across Rochester Avenue/Industrial Park - Subarea 7 West - Masi Plaza/Industrial Park - Subarea 7 ANALYSIS: A. - Use Description: As noted above, Felipe's Mexican Restaurant is a sit-down eatery that provides Mexican style cuisine for breakfast, lunch, and dinner. The restaurant contains a • • bar serving beer, wine, and mixed alcoholic drinks with meals. On Sundays, brunch is served and, on occasion, a banquet is accommodated. The restaurant is located in the Masi Plaza with on-site parking and no adjacent residential areas. During peak business hours (lunch, dinner, and weekends), there will be a maximum of 15 employees. No physical expansion of the restaurant is proposed with this request. • B. Hours of Operation: The proposed change in the hours is directly related to the applicant's desire to offer entertainment at •the restaurant. The key reason for adding entertainment is to give the applicant an opportunity to distinguish their restaurant in the community as a desired destination point to better compete with new or up and coming restaurants in the nearby centers. The applicant's desire is to have the extended hours and entertainment activity increase their business. The extended hours of operation will not pose significant impacts on the center as most (if not all) of the other (non-food) • businesses in the center will be closed. Although 24 Hour Fitness and Jack-in-the Box are open late, their patrons during the late hours are minimal and park close to their respective • front doors, which are a considerable distance away from Felipe's Mexican Restaurant. However, staff believes the late closing hours are not appropriate for a restaurant use and rhore like those of a nightclub and/or bar. Staff recommends adjusting.the hours to no later than midnight from Sunday to Thursday and a closing time of 1:00 a.m. on Friday and Saturday. These hours allow for extended business opportunity and are more in keeping with the family type of restaurant Felipe's Mexican restaurant is known to be. In addition, these hours are similar to the business hours of most other sit down restaurants in the community. A condition of approval reflecting staff's recommended change in business • hours is included in the resolutions prepared for this application. F & G- 7 PLANNING COMMISSION STAFF REPORT • DRC2007-00283 AND DRC2007-00284 — FELIPE'S MEXICAN RESTAURANT July 25, 2007 Page 3 • C. Entertainment Permit: The purpose for the requirement of an Entertainment Permit is to ensure•the compatibility of adjacent uses and separation of potential nuisance activities. Fortunately, no residential uses are adjacent or in the immediate area of the restaurant or the multi-tenant commercial center in which it is located. As such, the potential conflict to sensitive uses is very low. As mentioned above, most (if not all) of the other (non-food) businesses in the center will be closed before entertainment activities are set to begin at the restaurant. Furthermore, the applicant will be required to provide full meals and outside security during the entertainment hours until the restaurant closes. • Entertainment can be an appropriate supplemental activity in a restaurant when properly executed and conditioned. As proposed, the applicants' desire is to have live music and dancing in order to attract and entertain dining customers. Mariachi and Conjunto music, in particular, is very common at Mexican restaurants and helps to provide ambiance to the dining experience. In order to ensure that entertainment does not degrade and result in • undesired impacts, the Entertainment Permit will be conditioned so that continued food service is provided at all times and that a security guard will be on duty. The property owner, Pacific Century Investment Inc., has provided the tenant and staff with a copy of a letter (dated June 4, 2007, and addressed to the owners of Felipe's Mexican Restaurant) outlining their expectations for the business. In the letter, the property owner approves family oriented entertainment provided that a duly licensed security guard is provided and that the business does not promote itself as a sports bar or sports restaurant (including pay per view events). • • D. Land Use Compatibility: The property is in the Commercial Center/Industrial Park (IP), Subarea 7, which allows for a range of retail, personal and professional services, including sit-down restaurants and live entertainment. As such, Felipe's Mexican.Restaurant will be compatible as a land use and consistent with the other restaurant uses in the center, some of which have an Entertainment Permit. Felipe's Mexican Restaurant opened its doors at this location in 2000 and was granted approval of Conditional Use Permit DO-44 allowing a bar and the service of alcoholic beverages with meals. No problems with the current operation of the business at this location have been reported. • Staff finds the proposed changes to the existing restaurant to be appropriate given the type of entertainment proposed, the location of the restaurant within a larger commercial center, and the lack of nearby residential/sensitive uses that could be adversely impacted by noise. Nevertheless, staff will add conditions of approval to ensure that the approved uses are properly controlled and can be enforced if necessary. E. Parking: The Masi Plaza was constructed in the early 1990's and is a'267,500 square foot multi-tenant commercial and retail shopping center. The total number of parking spaces required for the center is 1,074, and 1,123 parking spaces is provided leaving a surplus of 49 parking spaces, Restaurant uses are parked at a ratio of one space per 100 square feet of gross floor area. As such, the 3,500 square foot Felipe's Mexican Restaurant use requires a minimum of 35 parking spaces for the proposed use. Since no expansion of the floor area for the restaurant is proposed, no additional parking is required. This determination is based on the fact that an increase in occupancy is not allowed above that which already governs the restaurant. Staffs visits to the site indicate that while prime • parking spaces in front or close to the front doors are constantly in use, parking is F & G- 8 PLANNING COMMISSION STAFF REPORT DRC2007-00283 AND DRC2007-00284 — FELIPE'S MEXICAN RESTAURANT July 25, 2007 Page 4 generally available for patrons of all the business. As with most commercial centers, peak • hours are at lunch and dinner hours. Additionally, because the entertainment is scheduled to start at 9 p.m. each night (restaurant closed every Monday), and since the majority of the businesses within the shopping center will be closed, more parking spaces will be available for restaurant patrons. Staff does not anticipate any significant parking impacts. F. Environmental Assessment: When the item was previously approved, the Planning Director found the project to be categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. This exemption covers minor alterations of the existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency's original environmental determination. The building was originally built and has been used as a restaurant. The current project involves only a change in business hours and minor interior improvements to accommodate the entertainment within the existing lease 'space . of the restaurant. The requested changes do not affect the original exemption finding. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site, No comments have been received in regard to this project. • RECOMMENDATION: Based on the above analysis, staff recommends approval of Conditional Use Permit DRC2007-00283 thereby modifying Conditions 8 and 9 of City Planner Resolution 00-31 to allow extended hours of operation and entertainment in conjunction with restaurant use • at 11815 Foothill Boulevard. In addition, staff recommends approval of Entertainment Permit DRC2007-00284 specifically allowing nightly entertainment and dancing at the subject site. Respectfully submitted, ricirtia... R. JA-0,r1 • James R. Troyer, AICP • Planning Director • JT:DClge • Attachments: Exhibit A - Site Plan Exhibit B - Aerial photo Exhibit C - Floor plan • Exhibit D - Applicant's Letter, dated June 6, 2007 • Exhibit E - Property Management's Letter, dated June 4, 2007 • • • • • F & G- 9 . Q = N 'a d a *ane einIs;H-a00 — — 'IP oz . ic ;a ce, 2 -et W a mm - 1 , o41 J 11 = 4r e1n II • 111111 III-F J 11 II + •—• . 2 Z. P I I I I I I I i cc y III '- :HIE I 1,_ l 11J 11 III 11 II III IIIII IIIIIIII II tallaillii_t4 f III l ' H I��� I I_fl IF I I I I U 14,1 a.m ' •U 1 I. 1 7IIII II I I 17 111IU _ _ II j Y GI E — — 6 — r IIII LY w ! `- �, win 1 II I, 1 . 24: - l � i _ i ■•�I a I I I I I I ° �w �, I w CZ/ i • z -d " 1 • �� ''= — N I — :e� Ii _. - - - r rp5 -6 � WI hr •I 1 •I 1 N '11. yl U N _ a ��.�_ �� H. �Il dof 1:1 :71 I II f "1. 1. 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F ' X u • X S pl ' ?c x X k x X le ih o -.-._- .f a I t I Q n I 'x y M \ x v� ',2 /I x ze /� v. 'fit .nom rip': h x %Y, J D (� __9 J (4) k. •>1' x Y k. (�� ? ,-A EXHIBIT C T - �_ 1 °- x I I 111,- 7 - yA r •pcnas--0'1) I_ a C x x I � � �' X V AI F & G- 12 ---- • STATEMENT OF OPERATION • • June 6,2007 • To Whom It May Concern: Felipe's Mexican Restaurant Request to increase its business hours and provide live nightly entertainment that will consist of Mariachi Band, live (conjunto) Band, Karaoke, Comedy, Disc Jockey and dancing. Therefore we are requesting to modify our existing Conditional use permit, CUP 2000-00044. The proposed business operation is to maintain the existing full service sit down Restaurant service and to add Nightly entertainment. The change of business hours are 11:00 am until 2:00 am Tuesday to Sunday. The entertainment hours will be from 9pm until 1.30am Tuesday to Sunday. We will provide at all times during the entertainment hours: a Certified Security Personnel to assure orderly conduct and safety for both our customers and The Masi Plaza Shopping Center. As you might be aware we have been residents of this great city since 1963 and business owners and operators of Felipe's Mexican Restaurant since 1983. Consequently we have had the opportunity to see the growth of this community step by step. We believe that adding entertainment will make, our business more competitive with the many new establishments that have come to Rancho Cucamonga in recent years. I hope this will insure the future success of our Restaurant. Thank you fo our consideration of this request, /1/,/ Felipe De La Piedr$ Jose SamboIin Q� L y:),9 Alma De La Piedra �� FELIPE'S MEXICAN GRILL Masi Plaza 11815 Foothill Blvd Unit E q# Rancho Cucamonga, CA 91730 H B 909-484-2860 B (fax) p n_)s-o r) 909-957-5411 (cell) l' F & G- 13 jai,. pc MIN • name obrruR{PM12gTPpR7,IIQC • • June 4,2007 • • • Felipe De La Piedra and Alma De La Piedra Felipe's Restaurant 11815 Foothill Blvd.,4 E Rancho Cucamonga, CA 91730 Re: Request for Amendment to Lease - Live Entertainment 11615 Foothill Blvd., #E,Rancho Cucaonga, CA • • Dear Felipe &Alma De La Piedra: • I am pleased to advise that your request for an amendment to your Lease to allow live • entertainment has been.approved by the'Landlord, subject to the CC&R's and under the following conditions: • • • 1. Felipe's will be required to carry liquor liability insurance in an amount no less • • than$3,000,000. Proof of insurance must be provided to Landlord. 2. Felipe's will be required to obtain a Conditional Use Permit from the City of Rancho Cucamonga. • Once the above two requirements are met, an Amendment to your Leasc will be prepared for signature. In addition to the above requirements, the Amendment will also include • the following language: • RIDER 36.: CONTEMPLATED BUSINESS. Contemplated business shall include. Metiean Restaurant with live entertainment and/or dance music shall be restricted to small. top 40 Bands or D.J., Karaol:e, Stand up Comedy, Solo Performer on Guitar or Piano, Guest Performance by Mariachis. No el:elusive for live entertainment. • • • 1400 N.Harbor Blvd.,St:, 625,Fullerton,CA 92E35 T:I; 714)449-0005,Fa::: 714)449.0065 EXHIBIT E PCq -aZ-O F & G- 14 wfayor DONALD J. KURTH, M.D. Mayor Pro Tern DIANE WILLIAMS Councurnembers • ' REX GUTIERREZ L. DENNIS MICHAEL y SAM SPAGNOLO L Ciry Manager THE CITY OF RANCHO CUCAMONGA JACK LAM,AICP RANCHO CUCAMONGA • July 26, 2007 Alma De la Piedra 11815 Foothill Boulevard Rancho Cucamonga, CA 91730 SUBJECT: ENTERTAINMENT PERMIT DRC2007-00284 • Dear Applicant: The Planning Commission approved the above-described project at its meeting of July 25, 2007. Enclosed are copies of documents pertinent to that approval. The decision of the Planning Commission is final following a ten-day appeal period that ends August 6,2007. Appeals must be filed in writing to the City Clerk, state the reason for the appeal, and be accompanied by a $2,073 filing fee. As you are aware, your project was approved subject to certain conditions of approval. Please note that conditions may specify completion of certain plans or work prior to the issuance of building permits,final map • recordation, or occupancy release. Your timely attention to these conditions is necessary to avoid delays in the completion of your project. .If you have any questions concerning specific conditions, please contact the appropriate department. Per Rancho Cucamonga Municipal Code, Entertainment Permits are subject to annual renewal. The fee for such renewal is $75, payable annually on or before January 1. At the time of annual renewal, an updated application shall be completed which shall be reviewed by the City to determine if a modification to the Entertainment Permit is warranted. If you have any questions, please call our office at (909) 477-2750. • Sincerely, PLLANNNNIINNG DEPARTMENT a Lois Schrader Planning Commission Secretary LS:Is Enclosure • EXHIBIT C • 10500 Civic Center Dr. • P.O. Box 807 • Rancho Cucamonga, CFA 9179-0�57 •Tel 909-477-2700 • Fax 909-477-2849• www.ci.rancho-cucarnonga.ca.us ik • RESOLUTION NO. 07-43 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUCAMONGA, CALIFORNIA,APPROVING PERMIT, DRC2007-00283 AMENDING CONDITIONAL UOSED 0 PERMT 00-44 • ALLOWING A CHANGE IN BUSINESS HOURS AND ALLOW ENTERTAINMENT AT AN EXISTING MEXICAN RESTAURANT WITHIN THE MASI PLAZA SHOPPING CENTER AN THE INDUSTRIAL PARK DISTRICT, SUBAREA 7, LOCATED AT 1 1815 FOOTHILL BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF— APN: 0229-011-38. • A. Recitals. 1. Alma and Felipe De La Piedra, owners of Felipe's Mexican Restaurant at the above location, filed an application to amend Conditional Use Permit No. DRCCUP00-44 as described in the title of this Resolution. Hereinafter, in this Resolution, the subject Conditional Use Permit is referred to as "the application." • 2. On the 25th day of July. 2007, 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 the substantial evidence presented to this Commission during, the above-referenced public hearing on July 25, 2007, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to Felipe's Mexican Restaurant located at 11815 Foothill Boulevard, within the Masi Plaza Commercial center with a street frontage of over 1,000 feet along Foothill Boulevard, and which is presently improved with buildings, parking, and landscaping; and b. The property to the north of the subject site is zoned Community Commercial (CC) in the Foothill Boulevard Specific Plan, and the properties to the south, east, and west are zoned Industrial Park (IP), Subarea 7; and c. The existing restaurant opened at the subject location in 2000 pursuant to the approval of Conditional Use Permit 00-44, allowing a bar and the service of alcoholic beverages (Type 47 ABC License) in conjunction with meals; and • d. The existing restaurant use occupies a lease space of approximately 2,800 square feet and has an outdoor dining area of approximately 600 square feet; and EXHIBIT D F & G- 16 PLANNING COMMISSION . £SOLUTION NO. 07-43 • DRC2007-00283— FELIPE'S MEXICAN RESTAURANT July 25, 2007 Page 2 •• e. The applicant has proposed no exterior changes or expansion of the restaurant • except for minor interior revisions to accommodate a small 150 square foot entertainment area; and f. Felipe's-Mexican Restaurant has requested a modification to the existing conditions of approval to change the existing business hours from 10:00 a.m. to 9:00 p.m. every day to new hours of 11:00 a.m, to 2:00 a.m., Tuesday through Sunday (closed Mondays) and to allow entertainment at the restaurant. g. However, staff finds the proposed late closing hours are not appropriate for a restaurant use and more like those of a nightclub and/or bar. As such, staff recommends new business hours from 11:00 a.m. to midnight Sunday to Thursday and 11:00 a.m. to 1:00 a.m. on Friday and Saturday. These hours allow for extended business opportunity and are more in keeping with family type of restaurant Felipe's is known to be, 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 request to modify conditions of approval 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; and c. The application, which contemplates modifications to the operations of the existing • • restaurant use, complies with each of the applicable provisions of the.Development Code. 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines . Section 15301.(e).(2) because the project is in an area were all public services and facilities are allowed for maximum development which is permissible per the General Plan. In addition, there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission.has reviewed the Planning Department's determination of exemption, and . based on its own independent judgment, concurs in the staffs determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1,2,3,and 4 above, the • Planning 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 Department: 1) Approval to amend Conditional Use Permit 00-44 is granted to allow new business hours and entertainment (subject to the approval of a separate Entertainment Permit) for the existing full-service restaurant use at 11815 Foothill Boulevard. All remaining conditions of approval for of the abovementioned Conditional Use Permit for the restaurant shall continue to apply. • • • F & G- 17 v .LV VLV IVIV IVV, V/-L{J+ • DRC2D07-00283— FELIPE'S MEXICAN RESTAURANT July 25, 2007 Page'3 2) The new business hours for the existing restaurant use shall be • 11:00 a.m. to 2:00 a.m. seven days a week. Further changes to these business hours shall require the review and approval of the Planning Commission. 3) Indoor entertainment may be allowed at the restaurant subject to Planning Commission review and approval of a separate Entertainment Permit. Any entertainment for the restaurant use shall be family oriented and clearly incidental to the primary restaurant use. All entertainment activities shall be conducted entirely within the restaurant building. 4) The restaurant shall continue to offer a full menu of food items cooked on the premises and served during all hours that alcoholic beverages are made available for purchase and consumption. At no time shall alcoholic beverages be served when full menu items are not offered by • the restaurant. No physical expansion of the existing restaurant use shall be allowed with prior City review and approval and amendment of this Conditional Use Permit. 5) 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. 6) The business shall operate in conformance with the performance standards as defined in the Development Code including, but not • limited to, noise levels. If the operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit may be reviewed by the Planning Commission for consideration and possible termination of the use. 7) Any modification or intensification of the use beyond what is specifically • approved by this Conditional Use Permit and Entertainment Permit shall require review and approval by the Planning Commission. 8) Any modification or expansion of the floor plan which increases dance floor/entertainment area, "standing" area or expansion of the bar area as shown in Exhibit A (attached) shall be brought back to the Commission for review and approval. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF JULY 2007 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA • F & G- 18 PLANNING COMMISSION I-ccSOLUTION NO. 07-43 • DRC2007-00283— FELIPE'S MEXICAN RESTAURANT July 25, 2007 Page 4 BY: CG �' p ,. f • Parr(St=, art, Chairman ATTEST: .1_4442,,i I - Jam/i R. Troyer, AICP, Secr; ary I, James R.Troyer,AICP, 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 25th day of July 2007, by the following vote-to-wit: AYES: COMMISSIONERS: HOWDYSHELL, FLETCHER, MUNOZ, STEWART, WIMBERLY NOES: COMMISSIONERS: NONE. ABSENT: COMMISSIONERS: NONE • • • • F & G- 19 • RESOLUTION NO. 07-44 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT DRC2007-00284, A REQUEST TO ALLOW LIVE ENTERTAINMENT AND DANCING AT AN EXISTING RESTAURANT USE IN THE MASI PLAZA CENTER IN THE INDUSTRIAL PARK DISTRICT, SUBAREA 7, LOCATED AT 11815 FOOTHILL BOULEVARD;AND MAKING FINDINGS IN SUPPORT THEREOF— APN: 0229-011-38. Al Recitals. 1. Alma and Felipe De La Piedra, owners of Felipe's Mexican Restaurant at the above location, filed an application for an Entertainment Permit DRC2007-00284, as described in the title of this Resolution. Hereinafter in'this Resolution, the subject Conditional Use Permit is referred to as "the application." 2. On the 25th day of July 2007, 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 the substantial evidence presented to this Commission during the above-referenced public hearing on July 25, 2007, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to Felipe's Mexican Restaurant .located at 11815 Foothill Boulevard, within the Masi Plaza Commercial center, which has a street frontage of over 1,000 feet along Foothill Boulevard, and is presently improved with buildings, parking, and landscaping; and b. The property to the north of the subject site is zoned Community Commercial(CC) in the Foothill Boulevard Specific Plan, and the properties to the south, east, and west are zoned Industrial Park (IP), Subarea 7; and c. The existing restaurant opened at the subject location in 2000 pursuant to the approval of Conditional Use Permit 00-44, allowing a bar and the service of alcoholic beverages (Type 47 ABC License) in conjunction with meals; and d. The existing restaurant use occupies a lease space of approximately 2,800 square feet and has an outdoor dining area of approximately 500 square feet; and • F & G- 20 PLANNING COMMISSIOK „ESOLUTION NO. 07-44 DRC2007-00284— ENTERTAINMENT PERMIT FOR FELIPE'S MEXICAN RESTAURANT July 25, 2007 • Page 2 e. The applicant has proposed.no exterior changes or expansion of the restaurant • except for minor interior revisions to accommodate a small 150 square foot entertainment area; and f. On July 25, 2007, Felipe's Mexican Restaurant obtained approval to modify business hours and allow entertainment at the restaurant subject to the approval of Entertainment Permit (DRC2007-00253), g. The applicant has submitted an Entertainment Permit request to allow live music (e.g., Mariachi and Conjunto bands,, karaoke, etc.), disc jockey, comedians, and dancing at the restaurant each night (except Mondays) beginning at 9:00 p.m. and ending at 1:30 a.m. All of the entertainment,will occur indoors, and no significant interior change is proposed except the creation of a 150 square foot stage. • 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 Entertainment Permit, 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; and c. The application, which contemplates modifications to the operations of the existing • restaurant use, complies with each of the applicable provisions of the Development Code. . • 4. . The Planning Department Staff has determined-that the project is categorically exempt from.the'requirements of the California Environmental Quality Act (CEQA) and the City's CEQA • Guidelines: The project qualifies under .the Class 1 exemption under State CEQA Guidelines Section 15301'.(e).(2) because the project is in an area were all public services and facilities are allowed for maximum development which is permissible per the General Plan. In addition, there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1,2,3, and 4 above,the Planning 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: • Plannina Department: • 1) The Entertainment Permit approval is for live vocal •or musical performances (e.g., Mariachi, Conjunto bands, karaoke, comedy, disc jockey) and dancing at Felipe's Mexican Restaurant, located at 11815 Foothill Boulevard. The entertainment is approved as an accessory activity to the existing restaurant use at the subject site. The restaurant shall be in full operation at all times alcohol is offered and entertainment is conducted at the subject site. • F & G- 21 PLANNING COMMISSIOI\ ,<ESOLUTION NO. 07-44 DRC2007-00284 — ENTERTAINMENT PERMIT FOR FELIPE'S MEXICAN RESTAURANT July 25, 2007 Page 3 • • 2) Entertainment shall be allowed only between the hours of 9:00 p.m. and 2:00 a.m. seven days a week. Any modification of business dates and hours and/or entertainment hours shall require the review and approval by the Planning Commission of a modified Conditional Use Permit and modified Entertainment Permit. 3) Dance floor/performance area shall be limited to a maximum of 150 square feet in the location as shown on the floor plan oh file with the Planning Department. No physical expansion of the dance • floor/performance area shall be allowed without prior Planning Commission review and approval and the issuance of a new Entertainment Permit. • 4) A minimum of one duly licensed and state registered security guard from a reputable security firm shall be provided, The security guard shall be conspicuously dressed, be present on the premises during the approved entertainment hours, and responsible for regular surveillance • of the business operation of the restaurant and activity in the adjacent • parking areas to•avert and/or control problems such as loud noise, • loitering, disorderly conduct from patrons, and any other nuisances or disturbance. The security guard/applicant shall immediately report any uncooperative persons or violent behavior to the Rancho Cucamonga Police Department for assistance. Upon request by the City at any time, the applicant shall provide documentation verifying that all these • conditions have been met. • 5) All entertainment activities shall be conducted entirely within the restaurant building. No entertainment shall be permitted in the outdoor dining area. • • • 6) No adult entertainment as defined in Section 17.04.090 of the Rancho Cucamonga Municipal Code shall be permitted with this Entertainment • Permit. 7) 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. 8) The business shall operate in conformance with the performance • standards as defined in the Development Code including, but not limited to, noise levels. If the operation of the facility causes adverse •• effects upon adjacent businesses or operations, the Conditional Use Permit and Entertainment Permit may be reviewed by the Planning Commission for consideration and possible termination of the use. 9) Any modification or intensification of the uses allowed with this Entertainment Permit shall require review and approval by the Planning Commission. • • • F & G- 22 PLANNING COMMISSION ,cESOLUTION NO. 07-44 DRC2007-00254— ENTERTAINMENT PERMIT FOR FELIPE'S MEXICAN RESTAURANT July 25, 2007 Page 4 10) The applicant shall submit an annual Entertainment Renewal Permit • application and fee of $75.00 pursuant to Municipal Code Section 5.12.115. 11) Any modification or expansion of the floor plan which increases "standing" area or expansion of the bar area as shown in Exhibit A (attached) shall be brought back to the Commission for review and approval. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF JULY 2007 PLANNING c • MISSION OF THE CITY OF RANCHO CUCAMONGA BY: / It Pam S -wart, Chairman ATTEST: • `Ay .Ja r.s R. Troyer, AICP, Secetary • I, James R.Troyer,AICP, 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 25th day of July 2007, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER,HOWDYSHELL,MUNOZ,STEWART,WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE • • F & G- 23 'i e •.y, • -. • • - • -.- -_ _ •- le walls are fixed and not of the movable variety. He expressed many thanks to Mike Smith for his help dunng - - • _ • ocess. • Larry McNiel, 7482 Alta Cuesta Drive, remarked that he was a member of the Design R- '-w Committee in 2002 when the church first underwent the Development Review process. He :-id that the DRC at that time made sure that it was a nice building, that there was sufficient par.' g etc. He said he now attends the church and that the church is active in providing servi r to life/safety personnel in times of tragedy or disaster. He remarked that the church now ha eed of 3 services and that this school facility will be for the many children in their congregati. Chairman Stewart closed the public hearing. Commissioner Munoz remarked that the staff report and resol '.n address all the concems related to parking, a safe spot for the drop off and pick up of childr- . He moved approval. • Commissioner Howdyshell said she is pleased that st- ' gave the project a good look. She said the community needs these services that will be provi%ed by this development and that she likes the layout shown on the floorplan. Commissioner Wimberly agreed that it is - •sable layout and that it does serve the community. He said it appears the concerns have beep esolved. Chairman Stewart reported that e too was on the DRC in 2002 and that they took the time and effort to review their master p -n and that future growth was planned into it including the parking. She said this is an examp - of good planning. Motion: Moved • Munoz, seconded by Wimberly, to adopt the Resolution of Approval for Non-Constructio. onditional Use Permit DRC2006-01051 as presented by staff. Motion carried by • the following .te: AYES: OWDYSHELL, MUNOZ, STEWART, WIMBERLY NOE • NONE AB: NT: - - - carried • • • 14 B. CONDITIONAL USE PERMIT DRC2007-00283 - EL LOCO CANTINA(FORMERLY FELIPE'S .MEXICAN RESTAURANT)-A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider modifications of the approved Conditional Use Permit. The subject restaurant is located in the Masi Plaza commercial center at 11815 Foothill Boulevard; APN: 0229-011-38 - CONTINUANCE REQUESTED C. ENTERTAINMENT PERMIT DRC2007-00284 - EL LOCO CANTINA (FORMERLY FELIPE'S MEXICAN RESTAURANT)-A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider revocation of the approved Entertainment Permit. The subject restaurant is located in the Masi Plaza commercial center at 11815 Foothill Boulevard; APN: 0229-011-38 - CONTINUANCE REQUESTED Chairman Stewart read the item descriptions into the record and then announced the legal counsel • representing the ownership of the business have requested a continuance to August 13, 2008. She asked for a motion for the request. Plann -2- July 9, 2008 EXHIBIT E F & G- 24 • Motion: Moved by Howdyshell, seconded by Munoz, to grant the request to continue the item to the August 13, 2008 meeting. Motion carried by the following vote: AYES: HOWDYSHELL, MUNOZ, STEWART, WIMBERLY • NOES: NONE • ABSENT: FLETCHER - carried • 1 t x « • % • MENTS Cyrus Hojjaty, 10650 Church Street, commented on the need for the City to consider sus ai -. development and to conserve resources and that the City should be more diverse in design and foster walk=ability because of the heavy consumption and cost of fossil fuels. He said he has an interest in City Planning and new urbanism development. COMMISSION BUSINESS/COMMENT Commissioner Munoz commented that the new updated General Plan will add •ss the issues of sustainability and that Mr. Hojjaty is invited to participate in the process. He aid he agrees with recognizing the need for considering sustainability. • • Chairman Stewart echoed the comment and presented the speaker ith a flyer announcing an invitation to become a Visioneer for the General Plan Update. Chairman Stewart reported that selections for the Trails Co ittee would be made at the next meeting on July 23, 2008. D. DESIGN REVIEW COMMITTEE APPOINTMENT • Chairman Stewart noted that•Vice Chairman Fletch- has expressed the desire to no longer be an alternate for the committee. She added that she ould like to remain on the committee. • Commissioner Munoz agreed that servint on the DRC requires some experience. He recommended Commissioner Wimberly a e alternate. Commissioner Howdyshell supported • e suggestion and said that the transition is vital. • • The Commissioners agreed that C,airman Stewart and Commissioner Munoz would remain on the DRC and Commissioner Wimb- y would serve as Altemate. E: SELECTION OF PLA'. ING COMMISSION OFFICERS Chairman Stewart co ented that she must step down. She noted that Vice Chairman Fletcher said he would like t. serve as Chairman. She suggested Commissioner Munoz serve as Vice Chairman. Commissione Wimberly voiced his agreement and Commissioners Howdyshell and Munoz concurred. The Co• mission agreed that the new Chairman would be Rich Fletcher and Vice Chairman would be L. Munoz. • Planning Commission Minutes -3- July 9, 2008 F & G- 25 CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES • Regular Meeting September 10, 2008 Chairman Fletcher called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:00 p.m. The meeting was held in the Council Chambers at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. ROLL CALL COMMISSIONERS: PRESENT: Richard Fletcher, Frances Howdyshell, Lou Munoz, Pam Stewart; Ray Wimberly ABSENT: None STAFF PRESENT: Steven Flower, Assistant City Attorney; Dan James, Senior Civil Engineer; Mayuko Nakajima, Corkran Nicholson, Assistant Planning Director; Lois Schrader, Planning Commission Secretary; Denise Sink, Office Specialist II; Daniel Correa, Assistant Planner x x x » » • • ANNOUNCEMENTS No announcements were made at this time. • . APPROVAL OF MINUTES Motion: Moved by Munoz, seconded by Howdyshell, carried 5-0, to approve the Special Meeting Minutes of the Joint Planning Commission and City Council meeting of May 7, 2008. Commissioner Munoz commented that the tapes for that meeting proved to be almost unintelligible and he has asked staff to follow up with his request for the City to investigate improving the recording system for • the purposes of meeting legal requirements. • Motion: Moved by Wimberly, seconded by Munoz, carried 5-0, to approve the minutes of August 27, 2008, fi k » Ir f PUBLIC HEARINGS • A. CONDITIONAL USE PERMIT DRC2007-00233- EL LOCO CANTINA(FORMERLY FELIPE'S AAMEXICAN RESTAURANT)-A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider modifications of the approved Conditional Use Permit. The subject restaurant is located in the Masi Plaza commercial center at 11815 Foothill Boulevard; APN: 0229 p.m.-011-38. Continued from July 9 p.m., August 13, and August 27, 2008. • EXHIBIT F F & G- 26 B. ENTERTAINMENT PERMIT DRC2007-00284 - EL LOCO CANTINA (FORMERLY FELIPE'S MEXICAN RESTAURANT)-A public hearing to examine the business operation to ensure that 7c it is being operated in a manner consistent with the conditions of approval and in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to • properties in the vicinity. The Planning Commission will consider revocation of the approved Entertainment Permit. The subject restaurant is located in the Masi Plaza commercial center at 11815 Foothill Boulevard;APN: 0229 p.m.-011 -38 Continued from July 9 p.m.,August 13, and August 27, 2008 Daniel Correa, Assistant Planner, presented the staff report. He noted that there are exterior speakers located on the patio of the establishment that were not included in the original review or approvals. He noted that staff is recommending future'conditions be applied to the existing approvals that include a prohibiting of charging a cover charge and that the business will provide uniformed security. He added that staff recommends the business operation be brought back to the Commission in 90 days for another review. Commissioner Stewart asked how much the current dance floor/entertainment area exceeds the 150 square foot maximum provided for in the conditions of approval. Mr. Correa stated their current area exceeds the maximum. He said it is approximately 165 square feet and meets the spirit of the Code. Commissioner Wimberly asked if they moved the location of the dance/entertainment area. Mr. Correa replied that it has shifted somewhat from the approved floorplan, but that it is close to the specified area and the location is acceptable to staff. • Chairman Fletcher commented that the original Conditional Use Permit was for a restaurant. He • asked if staff has visited and inspected the restaurant. He asked if staff believes it is operating as a • restaurant. IV• Mr. Correa said he conducted all the inspections and in his opinion,it functions more like a bar and it does not represent a "family" restaurant. _ Chairman Fletcher opened the public hearing. • Bruce Evans,from the Law Offices of Solomon, Saltsman&Jamieson,426 Culver Boulevard, Playa Del Rey, stated he represents the owners, Felipe de laPiedra and Jose Sambolin. He remarked he • mostly agrees with the staff report but that there is a fine point of disagreement. He noted that staffs condition prohibits them from checking identification at the door after 9 p.m. and that this is a reckless decision. He said that if they are caught three times for violations of their ABC liquor • license, they could lose their license. He suggested no minors be admitted after 9 p.m. to limit their liability. He said that the issue of the speakers on the patio was never brought up. He asked for compromise because many other businesses have outside speakers, such as Starbucks. He said they were removed today and that all they want is ambient noise for the people on the patio. He asked if staff could work with his clients and that he did not see a need for a future public hearing. Commissioner Wimberly expressed concern about checking identification in a restaurant and that if it is a restaurant, and they are having dinner, then I.D.'s should not have to be checked unless the patron has asked for alcohol to be served. Mr. Evans noted an exceptional case where parents bring children in after 9 p.m. during the entertainment. He reported that this is why they would prefer that no unaccompanied minors be • • . Planning Commission Minutes -2- September 10, 2008 F & G- 27 allowed after 9 p.m. He said kids produce fake I.D's. He said they should be admitted if they are with their parents or an adult. . Commissioner Howdyshell asked when dinner is served. • Mr. Evans said it is served the entire time the business is open. Chairman Fletcher commented that he is not aware of a restaurant that would restrict minors at any hour unless the main purpose of the business is to serve alcohol and run a bar. He said there are other restaurants open after 9 p.m. that do not check identification. Mr. Evans reiterated the liability with the ABC and stated the Yard House checks I.D. and excludes minors on weekends and they do not have entertainment. He said their concern is on the nights with entertainment, kids sneak in, they try to get alcohol and then there are problems. He said they are clearly required to be a restaurant, they cannot sell more alcohol than 50% of their food sales and they can not charge a cover charge and never have. Chairman Fletcher commented that he is not specifically familiar with what the Yard House is doing; • the expectation is they are a daytime restaurant but with respect to this business he had not heard anything about a lot of alcohol being served here, that he did not understand the concern of letting minors in there if it was being operated as a family restaurant. Mr. Evans said that with entertainment after 9 p.m. and if the•City feels this is important, they will work it out but that he did not support unaccompanied minors as it is a potential for problems and if they are not allowed to card them outside, they will card them inside. Chairman Fletcher commented that he would rather see the identification checked inside the building rather than outside, • Mr. Evans said it is far easier to control all those coming into the restaurant as they enter. Chairman Fletcher noted they have a hostess station and that perhaps it could be done there. Felipe de la Piedra reported he has been part of the new corporation (Loco Cantina) for the past year. He stood on his past years of participating with the City and the Chamber of Commerce and • said that they serve food during all hours the business is open including lunch, dinner, football specials and Sunday brunch and they are trying to make it a nice establishment. Commissioner Stewart said there is a list of violations starting in May through August. She asked why the violations have taken so long to correct. Mr. de la Piedra said it just took longer than normal and new tables and chairs had to be ordered. Mr. Evans said that if he had something from the City in writing of what they were supposed to do early on then they could have been finished several months ago. He said he has a letter from the City dated August 16 that addressed the entertainment area and uniformed security. He said the letter stated if those two issues were addressed then they would be in compliance. He said new issues came up and they were noticed for the public hearing. He said he noted the issues explained by Mr. Troyer in their meeting in March. He added that his clients would rather work with staff. Chairman Fletcher asked about the ownership of the business. • Planning Commission Minutes -3- September p r 10, 2008 F & G- 28 Mr. Piedra said that he is part of a corporation headed up by Jose Sambolin.. He said he operates the restaurant and he does catering and lunch and dinner from the restaurant. He said Mr. Sambolin is the owner and he (Felipe) is an officer of the corporation. Commissioner Howdyshell remarked that she was on the Commission when Mr.de la Piedra came • before the Commission with a request for entertainment and late hours and that the Commission favored it; that part of their decision was based on his good reputation. She commented that the Commission felt he understood that it is a privilege to have a business in Rancho Cucamonga. She said both application requests were approved in 2007 and all of these events have occurred after that. She said she would like to see the items of concern addressed and resolved. Mr. Evans said they have been addressed. He said staff seems to be satisfied with the corrections • made. Chairman Fletcher noted that the Commission advises staff and that if the Commission feels staff is going in the wrong direction the Commission can also correct their decision. Commissioner Howdyshell asked staff to give examples of other restaurants that are family oriented, that also offer entertainment and also serve alcohol. She remarked that many young people eat out late but are not "carded". Mr. Evans said if it is more important to the Commission to preserve the right for minors to enter they will not preclude that, but if they are not carded at the door then they can be carded inside the building. • Jose Sambolin, El Loco Cantina (owner) said that they added the entertainment for the 20-30's crowd and likened the structure of the operation to that of Wild Wings and TGI Fridays. He said Peppers and the Yard House would check I.D's at night. He said the ABC is most aggressive with issues involving 17-20 year olds and control at the door is easier but with young servers, there is a • potential for problems. Chairman Fletcher asked if it is a potential problem because of operating a restaurant or more from selling alcohol. He asked Mr. Sambolin if he owns other businesses. . Mr. Sambolin stated it goes hand in hand. He said he owned Margarita Beach in Rancho Cucamonga and currently owns the one in San Bernardino. He said he is a resident here and he met Felipe who was not as successful as he would like in his business and so they joined forces because he (Jose Sambolin) has experience with a late night business and alcohol. He said they learned much from Margarita Beach in that they got rid of the dancing girls and provocative promotions. He said Mr. Troyer expressed concern that he was operating outside of the character • of the business but that the requested corrections were not specifically made concrete, they were told staff would either agendize it or consider a review in a year and the issues were left open and then a few months later he got the notice of the hearing. He said there were overall character issues that they did not necessarily agree with. He said there was confusion regarding the entertainment area and he did not understand the speakers could not be outside of that area. Chairman Fletcher commented that the Conditional Use Permit was for a family restaurant and Mr. Sambolin is describing a bar that serves food. He said he does not want staff to repeatedly have to respond to complaints and that he would be more comfortable if they asked for a CUP to • operate a bar. He added that this business is not what Mr. de la Piedra represented and instead they are playing around with staff and the Planning Commission; it is something that is not in the purview of the CUP. • Planning Commission Minutes -4- September 10, 2008 F & G- 29 • Mr. Sambolin disagreed. He said he sees the business as a success, that there is a lot of late night • activity and that they are pushing food and it is working well. He said at the late hours, alcohol sales are a great revenue tool. He said in his opinion it is not a bar. • Mr. Evans took issue with the comment that they have not been down this road before; it is a different business with different hours and a different CUP. He added that staff did a good job and that they do not intend to be nit-picky. Chairman Fletcher said he believed the entertainment would be karaoke, guitar or mariachis for the purpose of entertaining diners which was what was presented to us and that the dance floor is hardly large enough for dancing. Mr. Evans said they are open until 2 a.m. with entertainment and that people do not tend to eat that late. He indicated the character changed with what the Commission approved but know they have to remain a restaurant. He said there is no legal basis to revoke the permits. He said that other than the two conditions,they are in compliance; they have done everything staff has asked them to do even the specific size and shape of the tables and the removal of the patio speakers (today). Chairman Fletcher said this is relevant when the primary purpose was to have a family restaurant; • he said it used to be a great family restaurant and now it is a bar with stand up tables and it was misrepresented to the Commission. He noted that the first thing you see when you walk in is the bar. He said the application should have been for a bar and that the problem is with the way they went about it. He said the approval of the late night hours was to help Felipe compete with the other restaurants in town and that this is not how the business and the use was characterized when the entertainment permit and the extended hours requests were presented to the Commission. Mr. de la Piedra reported there are booths in back of the restaurant as well as the patio in the front where it is nice for families. He said at Chili's and Applebee's the first thing you see when you go in is a bar. • • James Troyer, Planning Director commented that he and Mr. Correa met with Mr. de la Piedra and Mr. Sambolin in March. He said they made general statements but that he (Mr. Troyer) was clear about the DJ station and the large JBL speakers and that they were not in compliance with their approvals. He said he asked for the removal of the speakers and lights. He said they do not necessarily that agree that it is operating as a restaurant and they are generally in compliance, but to be a bonfide restaurant is more difficult to prove. He added the kitchen is open with a full menu but upon his inspection, he did not see many diners, but people were at the bar. He said that staff is not saying they are in full compliance with their CUP and Entertainment Permit and they did not prohibit dancing or a DJ but that they need to look at it to see if it is operating as a bonafide restaurant and that is why they want the 90 day review. He said they were clear that the installation of the large speakers and loud music during the day is not conducive to a legitimate dining experience. Chairman Fletcher closed the public hearing. Commissioner Howdyshell observed that the character of the business has changed since the inception of the new partnership. She stated that she supports another review of the business operation in 90 days and to monitor it. She added that the business climate is difficult now and it is harder for small business owners, however, she wants to see the applicant adhere to City policy and be in compliance with their approvals. She said Felipe has a reputation in the community and many people went to his restaurant because of who he is but that it is a privilege to have a business in Rancho. She commented that these problems may likely be due to the new business partnership. • • Planning Commission Minutes -5- September 10, 2008 F & G- 30 Commissioner Wimberly concurred and added that the interpretation of the CUP and Entertainment Permit approvals of last July changed when the ownership changed. He noted that complete compliance, even with the time factor, is still an issue and that he still has concerns. Vice Chairman Munoz commented that he agrees with most of what his fellow Commissioners had • to say but that he would reiterate that the CUP permitting process is not automatic, it allows local agencies to review the potential negative effects of the business on neighboring land uses. He noted that the business was not brought under review because of furniture not matching but because of the noted police reports in the staff report. He mentioned reports of a stabbing, attempted murder/assault with a deadly weapon, and the arrest of an individual intoxicated in public. He remarked that the business changed since it was Felipe's, it also affects how our community is • perceived throughout the Inland Empire and it is their business and their responsibility as owners to manage it. He noted that it seems they have corrected the items noted but that he supports staffs recommendation to see if they are complying with the spirit of the CUP, He supported a 90 day review. He pointed out that the business must adhere to the conditions of approval or risk revocation of the permits (which is part of the Commission's legal purview. Chairman Fletcher reported that he visited the business. He noted that family restaurants do not usually have bouncers. He reported that he observed an expanded dance floor, and even though the condition for the size of the floor was specific he believes this was a deliberate expansion beyond what was approved. He said he personally heard the business referred to as a night club or sports bar which they are not conditioned for at this location. He asked staff if a permit for a bar could be issued for the business in this area. • Mr. Troyer replied that they would have to go through the Conditional Use Permit process to change from a restaurant to a bar. Chairman Fletcher reiterated that the original approval said that no changes could be made in the • interior of the restaurant without prior approval. He read from the original CUP that if adverse affects occur from the business operation, the CUP shall be brought before the City Planner for review and possible.revocation; nightclub style entertainment is not authorized with this approval. He added that adding entertainment was to give them a little competitive edge and that the Commission even extended the hours from what was initially requested. He commented that the Commission extended their hours to 2 a.m.with the idea of helping out a family style restaurant. He noted that at the time, the Assistant City Attorney, Kevin Ennis, said the business should operate as a restaurant and not a nightclub. He commented that at the time of the earlier approvals, the center prohibited sports bars. He said he noted four television sets and he did not know if that . characterized a sports bar or not. He added that when a restaurant operates as a bar it is irritating to go through all this staff and Commission review when it is apparent what the business is. He said staff should look into what problems might be caused if it became a bar. He remarked that the bar tables should be taken out, that it have•a "sit down" atmosphere with menus and utensils on the tables and should be a place for families for dinner, and if they want something else they should bring in an application for it. Commissioner Stewart remarked that the issues are clear. She reiterated that staff has asked for the Commission to make a determination. She said she favors a 90 day review and that she wants that to be in concert with a public hearing before the Planning Commission: She said she would like staff to have a discussion with the ABC followed by a staff report about their regulations where minors are or are not allowed in this type of establishment and she asked for clarification of their' rules. • Motion: Moved by Stewart, seconded by Howdyshell, to accept staffs recommendation for a 90 day review of the business and to schedule a public hearing before the Commission in 90 days. • Motion carried by the following vote: Planning Commission Minutes -6- September 10, 2008 • F & G- 31 AYES: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSENT: NONE - carried PUBLIC • Ed Dietl of the Historical Preservation Association a sked that the old Richfield gas station o 'oothill Boulevard (Cucamonga Garage) be considered for historical status; a change from . Point of Interest to a historic landmark for the City of Rancho Cucamonga and the State of Cali • is and the National Register. He presented materials related to the old station to the C• mission. He commented on its architectural significance, location (Route 66), age, local cultu - and history. He said the owner of the property(Lamar Advertising) does not object to the desi• ation. He asked for the Commission's consideration for designation per the Municipal Code and • esented the secretary a form application for historical landmarks. Chairman Fletcher commented that the information would be given • the staff members that are working on updating the Historic Preservation ordinance. He .sked staff to clarify the rules regarding designation requests by non-owners. • Mr. Dietl reported that the State does not require the owner • request it and that he need only ask and get permission from the property owner, which he di•. He said the owner did not object. Chairman Fletcher said staff would come back with a eport. Steven Flower, Assistant City Attorney, said tha the Historic.Preservation Ordinance is being reviewed and that this process would be folded to that update. • Commissioner Howdyshell asked if it should ome to the Historic Preservation Commission. James Troyer, Planning Director said t -t it would be brought back to the Historic Preservation Commission at the next meeting. • Luana Hernandez commented tha he is part of a group of historical homeowners. She said the group would like to assist the CI. with any issues of historic homes and they should help each other. Chairman Fletcher thanke• her and noted that the Commission does appreciate the help of the public in matters of histo 'c preservation. COMMISSI• BUSINESS None • * * * * • Planning Commission Minutes -7- September 10, 2008 • F & G- 32 • • RESOLUTION NO. 08-69 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA: MODIFYING CONDITIONAL USE PERMIT NO. DRC2007-00283 TO ENSURE LOCO CANTINA & GRILL RESTAURANT OPERATES AS A RESTAURANT WITH ENTERTAINMENT AND THE SALES OF DISTILLED SPIRITS AS AN INCIDENTAL USE TO THE PRIMARY RESTAURANT OPERATION, LOCATED IN THE MASI PLAZA CENTER IN THE INDUSTRIAL PARK, (SUBAREA 7) DISTRICT, AT 11815 FOOTHILL BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0229-011-38. A. Recitals. 1. On December 12, 2000 the Planning Commission of the City of Rancho Cucamonga adopted their Planning Commission Resolution 00-31 approving Conditional Use Permit CUP00-44, known as Felipe's Mexican Restaurant. 2. On July 25, 2008 Planning Commission adopted Resolution 07-43 approving extended hours for that same business location (DRC2007-00283). 3. Following complaints regarding the business operation and the filing of police reports, a duly noticed public hearing was held on July 9, 2008, which was continued to August 27, 2008 and • September 10, 2008. 4. Subsequent to the public hearing on September 10, 2008, the Planning Commission determined that another public hearing be scheduled following a 90 day period to re-examine the business operation for compliance with the possibility of modification or revocation of the Conditional Use Permit. 5. On the December 10, 2008 the Planning Commission conducted a duly noticed public hearing for a formal review of business operations at Loco Cantina & Grill. At the hearing Planning Staff testified that Loco Cantina & Grill is now in compliance and is no longer a detriment to the general public health, safety, and welfare. 6. 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 December 10, 2008, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: • a. Conditional Use Permit DRC2007-00283 applies to the business known as Loco Cantina & Grill, located at 11815 Foothill Blvd., Unit E,with street frontage of over a 1,000 feet along EXHIBIT G F & G- 33 PLANNING COMMISSION RESOLUTION NO.08-69 DRC2007-00283—CONDITIONAL USE PERMIT - LOCO CANTINA & GRILL December 10, 2008 Page 2 • • Foothill Boulevard, and is presently improved with buildings, parking, and landscape; and b. Loco Cantina & Grill consists of a 2,800 square foot leased space that includes restaurant facilities and a bar, and a 150 square foot dance area. Pursuant to Conditional Use Permit No. DRC2008-00283 and the related Entertainment Permit DRC2008-00284, Loco Cantina& Grill is permitted to serve alcohol and provide entertainment, and is currently open between the • hours of 11:00 a.m. to 2:00 a.m. daily; and c. Based upon site visits by Staff, and the review of evidential papers, staff concludes that the nature of the current business now operates as a restaurant use with entertainment as an incidental use to the primary restaurant operation; and d. Planning Commission Resolution No. 07-43 approving the Conditional Use Permit also adopted a condition of approval that stipulates that the business must comply with all applicable City Ordinances and Public Health Codes; and 3. Based upon the substantial evidence presented to the Commission during the above- referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1,2,and 3, the Commission has determined that the prior violations occurred but the business is now in compliance; and 4. Based on the violations identified and in order to ensure future compliance with the conditions of Planning Commission Resolution No. 07-43 the Commission hereby amends the • Resolution to include the following conditions noted in bold type and the attached Standard Conditions incorporated herein by this reference: Planning Department: 1) Approval to amend Conditional Use Permit 00-44 is granted to allow new business hours and entertainment (subject to the approval of a separate Entertainment Permit) for the existing full-service restaurant use at 11815 Foothill Boulevard. All remaining conditions of approval for of the abovementioned Conditional Use Permit for the restaurant shall continue to apply. 2) The new business hours for the existing restaurant use shall be 11:00 a.m. to 2:00 a.m. seven days a week, Further changes to these business hours shall require the review and approval of the Planning Commission. 3) Indoor entertainment may be allowed at the restaurant subject to Planning Commission review and approval of a separate Entertainment Permit. Any entertainment for the restaurant use shall be family oriented and clearly incidental to the primary restaurant use. All entertainment activities shall be conducted entirely within the restaurant building. . 4) The restaurant shall continue to offer a full menu of food items cooked • on the premises and served during all hours that alcoholic beverages are made available for purchase and consumption. At no time shall F & G- 34 PLANNING COMMISSION RESOLUTION NO.08-69 DRC2007-00283— CONDITIONAL USE PERMIT - LOCO CANTINA & GRILL December 10, 2008 Page 3 • alcoholic beverages be served when full menu items are not offered by the restaurant. No physical expansion of the existing restaurant use shall be allowed without prior City review and approval and amendment of this Conditional Use Permit. 5) 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. 6) The business shall operate in conformance with the performance standards as defined in the Development Code including, but not limited to, noise levels. If the operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit may be reviewed by the Planning Commission for consideration and possible termination of the use. 7) Any modification or intensification of the use beyond what is specifically approved by this Conditional Use Permit and Entertainment Permit shall require review and approval by the Planning Commission. 8) Any modification or expansion of the floor plan which increases dance • floor/entertainment area, "standing" area or expansion of the bar area as shown in Exhibit A (attached) shall be brought back to the • Commission for review and approval. 9) The restaurant shall remain as a bona fide eating place during the life of the restaurant business as defined by Department of Alcoholic Beverage Control. • 10) There shall be no cover charge. • 11) Provide uniformed security during the evening hours of entertainment. All security personnel shall dress in a conspicuous security uniform; displaying at all times badge and shoulder patches and shall be licensed by a private, reputable security company. 12) The business during business hours must allow entry and provide restaurant services to all persons, including persons under the age of 21 years, however, the business may deny entry to person under 21 years of age after 9:00 p.m. when live entertainment is offered, and only if the minor is not accompanied by a parent or legal guardian. There shall be no identification checks of patrons at the entrance or upon entering the establishment except during such times when minors may be excluded from the business in accordance with this condition. • 13) The business must maintain a suitable kitchen facility, and must be maintained at all times for the purpose of making actual and substantial • sales of meals for consumption on the premises. 5. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA • F & G- 35 PLANNING COMMISSION RESOLUTION NO.08-69 DRC2007-00283— CONDITIONAL USE PERMIT - LOCO CANTINA & GRILL December 10, 2008 Page 4 • Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301.(e).(2) because the project is in an area were all public services and facilities are allowed for maximum development which is permissible per the General Plan. In addition, there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 6. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3,4, and 5 above, the Planning 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: 7. The Secretary of the Planning Commission of the City of Rancho Cucamonga is hereby . directed to certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF DECEMBER 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: •iA.�._ �� • Richard Fletcher, Chairman ATTEST: A 2_ Ja'm f�. Troyer, AICP, Secretary I, James R. Troyer, AICP, 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 10th day of December 2008, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, STEWART,WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE • F & G- 36 Vice Chairman Munoz suggested that the public hearing would remain open and the 1 -.' be continued to the January 14, 2009 meeting for the purpose of bringing back -2 -----. ;- e resolution for action. • Motion: Moved by Munoz, seconde• -' imberly, to continue the public hearing for DRC200B-00616 to the Janua 4 , $09 meeting. Motion carried by the following vote: AYES: FLETCHE- - :f DYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NO► - ABSE : 'ONE - carried ♦ - • k C. A 90 -DAY REVIEW OF THE BUSINESS OPERATION RELATED TO CONDITIONAL USE PERMIT DRC2007-00283 - EL LOCO CANTINA (FORMERLY FELIPE'S MEXICAN .X.--- RESTAURANT) -A public hearing to examine the business operation to ensure that it is being operated in a manner donsistent with the conditions of approval and in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The subject restaurant is located in the Masi Plaza commercial center at 11815 Foothill Boulevard; APN: 0229-011-38 D. A 90-DAY REVIEW OF ENTERTAINMENT PERMIT DRC2007-00284 - EL LOCO CANTINA (FORMERLY FELIPE'S MEXICAN RESTAURANT)- A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The subject restaurant is located in the Masi Plaza commercial center at 11815 Foothill Boulevard; APN: 0229-011-38 Daniel Correa, Assistant Planner, presented the staff report. He noted staffs request for five added • conditions shown on page C & D-3 of the agenda packet. Bruce Evans, legal counsel for the applicants, stated they are opposed to conditions 4 and 5 because #4, in their opinion, is a prudent business practice (preventing the admission of unaccompanied minors after 9pm and when there is live entertainment) and #5 requiring a 50/50 ratio of food/alcohol sales. He presented a graphic depicting data and stated that Loco Cantina does not have a police-call problem, and of 20 restaurants, none had less than Loco Cantina and some had significantly more. He said he offered a compromise condition to staff that stipulates minors could gain entrance if accompanied by an adult/parent. He said the information presented is not law but only a guide from the ABC and that the staff report is incorrect, He said there is nothing in the law(is only a guide)that requires a type 47 business to require the admission of minors. He said the 50/50 condition is inappropriate in that it crosses the line of land use regulation and alcohol regulation. He said a restaurant is not even required to serve food at all times but they do (as noted in their CUP conditions). He said the kitchen is open at all times and serves food at all times. He said the business is open for lunch and has an extensive menu. He said no calls for service have been noted since June, He said this business generates 1 million dollars in taxable sales per year and provides 22 jobs, they are not a nuisance and that they are in total compliance with their CUP and Entertainment Permit. • Commissioner Howdyshell asked how many restaurants in town do not allow minors after 9:00 pm. She expressed concern that they are excluding minors from their business. Mr. Evans said he did not know but said that Buffalo Wild Wings and the Yard House do on the weekends and during later hours other nights. He said there may be others. He said Rancho is the first city he has dealt with that has an issue with this practice. • Chairman Fletcher opened the public hearing. EXHIBITH 5- December 10, 2008 • F & G- 37 Steven Flower,Assistant City Attorney, commented that there are two main issues;the 50/50 food to alcohol sales and the exclusion of minors. He remarked that he too has had conversations with the ABC. He said it is correct that ABC does not require allowing minors but they support the City's discretion to impose such conditions. He noted that the 50/50 condition is consistent with the ABC • and does not conflict with State law. James Troyer, Planning Director, commented there is no real means to enforce the 50/50 condition as the City would not audit their receipts. Chairman Fletcher asked if these conditions are applied to any other restaurants in town. Mr. Troyer said that he is not aware of any. Chairman Fletcher asked if they saw problems arise, could the CUP be brought back and have conditions added. • Mr. Troyer said yes, it can be brought back at any time. Commissioner Wimberly commented that considering the history of the business he recommends a 90 day review. Commissioner Howdyshell also noted the history of the restaurant and that she wants to see the restaurant flourish but she struggles with the exclusion of kids looking for a place to go after a football game.. She said she has a concern about young people under the age of 21 being admitted, that it could change the flavor of the establishment. • Commissioner Stewart asked for clarification regarding the admission of minors and what specifically • is the applicant looking for. • Mr. Evans said currently they are not allowed to check identification at the door or on the premises. • He said the condition is poorly written. He said they do not want to exclude minors. He said they do not want them when there is live entertainment and after 9pm during those times because of the liquor liability. He said they would like flexibility with this. He said if a minor consumes alcohol and leaves, the business is liable. He said police calls late in the evening often involve minors. He said if they are accompanied by a parent, they can come in. He said he believes the law gives them this flexibility and that this may not be the best place for them after 9pm if there is live entertainment and they are without a parent. He said there are all kinds of conditions that ensure the business operates as a bona fide restaurant. He said Condition #2 is poorly written. Mr. Troyer asked the applicant why he believes#2 is poorly written. He asked if a person is an adult and he goes to a restaurant, and he is not ordering alcohol, should they be carded. Mr. Evans said he interprets the condition to mean that you can never check the identification of a minor. He asked when then would you check their I.D. Mr. Troyer said it means they can check identification when they order alcohol, that at most • restaurants with a Type 47 license, no one is carded until they order alcohol. Mr. Evans said they will check I.D.'s at the door or inside and it is because of this practice that they have no citations with the ABC and the condition is meddlesome. He said this condition has nothing to do with ensuring Loco Cantina remains a bona fide restaurant. He said no other CUP in town has this. He noted he disagrees with the City attorney. • Commissioner Stewart confirmed that Conditions 4 and 5 are the concern. • Planning Commission Minutes -6- December 10, 2008 • F & G- 38 • Mr. Evans stated that is correct and that the other conditions already in place go above and beyond what is typical. He reiterated that he believes 4 and 5 are in conflict with State law and unduly burdensome to the business. • Chairman Fletcher commented that the Commission wishes to prevent the occurrence of a public nuisance. He pointed out that Mr. Evans'clients(the applicants) previously came to the Commission under false pretenses and asked for extended hours and entertainment and approval for a dance floor and then sold the business and started operating as something totally different. He said staff wants to see this remain a restaurant but it appears the owners want to migrate towards being a bar and that there is no doubt in his mind that this is what is occurring. He said he went to the grand opening and although in compliance, the operation is operating on the borderline as a bar. He said opting to keep the kids out in the night time is with the idea of operating a bar. He emphasized that this is not what the CUP intends. He said when you enter the establishment the bar is the main focus and the.bar structure is most prominent. He said it sounds to him as if the owners want to operate as a bar. • Mr. Evans responded and said there it is not bar, that the Loco Cantina is doing what that were substantially doing before the CUP was brought up for modification and if that were the case, they would not open at 11am. or Sundays for breakfast. • Chairman Fletcher said with other establishments there is some separation between the eating place and the lounge but that is not the case here. He said if you want to operate a restaurant during the day and a bar at night, and that will cause a problem for the City. He said he has seen others do it and it is a problem. He said it is not true to say that opening at 11am means they are not operating a bar. He said this is the easy way to operate as a bar, open a restaurant first and then move in this • direction. Mr. Evans said.the business is a legal operation and in compliance with State law,the CUP and the • EP. • He said he disputes the prior violations and stated the business does not have a law enforcement problem and is not a nuisance. He said it is a restaurant and has more conditions and entertainment exactly as shown in the Entertainment Permit. He said they made a mistake with the space allotted for entertainment and the tables and they promptly removed the outside speakers. He said he disagrees with the two proposed conditions. He said all the conditions in place will ensure your operating policies continue. He said to scrutinize this business alone in these economic times is not fair and selective. • Chairman Fletcher called for a recess at 8:39 pm to release the high school students and reconvened the meeting at 8:43 pm. All Commissioners were present. Mr. Evans noted that Peppers, McAlan's, Yardhouse, Twins, and Omaha Jack's also ask for I.D.'s to prevent the entrance of minors. Felipe de la Piedra stated he is one of the owners. He said they are open 7 days a week and he is present almost every day. He said they have two kitchens, they promote their food and menu and they just had a grand opening. He said the competition is very tough. He said staff made a number of visits to check the restaurant. Commissioner Stewart remarked that this is a 90-day review and there were some issues with their business operation. She said staff visited them and the business has made an effort to be compliant. She said she does not disagree with the idea of modifying the condition regarding minors admittance as suggested by the attorney. She said it would not be unreasonable to allow minors • with their parents. She said she is OK with condition#5 but suggested they strike the last sentence. She said she is not opposed to a 6 month review period and suggested the applicant work with staff • for a revised condition. She said because it is a CUP, it can be brought back at any time for review. Planning Commission Minutes -7- December 10, 2D08 F & G- 39 • She said the business understands and they are willing to be compliant. She said this is a tough economy, and we do not want to have a problem business, but it needs to be considered. Vice Chairman Munoz agreed with Commissioner Stewart. He commended the work of the owners • and staff and it looks like fixing the problem has been successful. He said he has some trouble with condition#5 as it is not enforceable. He said the big issue was the 23 police calls previously cited, that is what brought them here in the first place, but it appears that is resolved. He commented that other businesses impose conditions such as condition#4 in order to separate potential issues with minors and adults imbibing alcohol. He said he feels minors should have opportunities but also need limits and this is hard to separate. He said he agrees with Commissioner Stewart, that the owners should work with staff on this condition, that when there is entertainment, minors should be requested to show identification but that this in no way is a sign that the Commission is relaxing on this operation being run the way it should be. He said they need to be responsible with entertainment and that they do not want the problems that they had earlier in the year. He said if the last sentence of condition#5 is removed, it becomes benign. He said overall this is good work and good progress and he is encouraged that they continue in this. He said minors and alcohol at midnight is a recipe for disaster as•it becomes a game for them. He suggested they strike the last sentence of condition#5 and bring back the business operation for another review in 6 months. Commissioner Howdyshell concurred. She noted it has been a long process, the business is trying to get back on track and it is hard to see restaurants struggle. She added that condition#4 needs clarification and she is OK with modifying#5 on the last sentence. She said they need to support the restaurants. She added that she is in favor of a 6-month review period. Commissioner Wimberly concurred that#4 needs to be more specific about the control of minors. He supported striking the last sentence of#5. Chairman Fletcher said that he is just setting the tone. He said he wants to see their success but he does not want them to gravitate towards being a bar and that it is now a borderline bar operation. He said he employed the "wife test" and brought her to the grand opening and she too indicated it felt more like a bar than a restaurant. He said he would like to see it become famous for their food and he does not want the entertainment at night to be the major focus. He said the key factor will be the calls for service. He said at their previous hearing, there was testimony of public vomiting in the parking lot and a stabbing and that is a major concern for a business just getting started. He noted there is a karate•business next door that caters to youth and that he does not want to see conflict with the neighboring businesses. He said if conditions #4 and #5 are amended, it could be a problem for condition #2, but perhaps they could check I.D. inside the building. He reiterated that this is supposed to be a restaurant and not a nightclub but that the business needs some flexibility. He said it appears the majority of the Commission would agree to modifying the conditions. Mr. Troyer noted that it appears the Commission is directing another review in 6 months and to modify the conditions. He suggested the item be continued to the first meeting in January so the wording of the conditions could be worked out and bring back a resolution to that effect. . Vice Chairman Munoz said if they wait until January; that it would not consider the holidays and their entertainment offered during that time. Chairman Fletcher reopened the hearing. Mr. Evans said it would be costly for them to come back. Mr. Flower noted the business is not being shut down and they are currently in operation. He referred to the conditions noted in the resolution of approval (Agenda packet pages C & D 78) and restated that they could change the wording of#10 to indicate no cover charge;#11 is satisfactory as is;#12 would be changed to read, "The business during business hours must allow entry and provide Planning Commission Minutes -8- December 10, 2008 • F & G-40 restaurant services to all persons, including persons under the age of 21 years, however, the business may deny entry to persons under2l years of age after 9:00 p.m. when live entertainment is offered, and only if the minor is not accompanied by a parent or legal guardian, There shall be no • identification checks of patrons at the entrance or upon entering the establishment except during such times when minors may be excluded from the business in accordance with this condition";and on #13 the last sentence would be struck. (note for the record: Mr. Flower referred to the same conditions noted in the earlier discussion, however, the Commissioners read the conditions as noted in the staff report, and Mr. Flower read the same conditions from the resolution,thus the difference in the numbers of the conditions referred to during the discussion.) Chairman Fletcher asked if the existing conditions for the restaurant restrict serving alcohol outside at certain times. Mr. Troyer said no. He said they cannot restrict the outside service of alcohol in their approved outside eating area. He said they did require that the outside speakers be removed. Mr. Flower asked if there is outside access to the dining patio. Mr. Troyer said there is a small gate. • Chairman Fletcher commented that the owner will have to police that. He said he wants to see them successful with the best food and he does not want to see night time problems or see the business "morph" in the future. He asked the applicants if that is clearly understood. The applicants indicated from their seats that they clearly received that message and were in agreement. Motion: Moved by Munoz, seconded by Howdyshell, to adopt the Resolution of Approval 08-69for • DRC2007-00283 with the modified condition #s 10, 12, and 13. The Commission directed that the business operation be reviewed again in 6 months. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSENT: NONE - carried R R f! k k PUBLIC COMMENTS D. B. Christenson commented that this business operation did a "bait and switch' in that they sold a • restaurant and then became a nightclub. He applauded staff for their followup on the issue. ADJOURNMENT Motion: Moved by Munoz, seconded by Wimberly, carried 5-0, to adjourn. The Planning Commission adjourned at 9:15 p.m. Respectfully submitted, I t. 1,.Ii"t y�(,cl1i Jan R. Troyer, AICP 44 Secretary • Approved: January 14, 2009 Planning Commission Minutes -9- December 10, 2008 F & G-41 • Planning Commission Meeting of `7// RANCHO CUCAMONGA PLANNING COMMISSION SIGN-UP SHEET Please print your name, address, and city and indicate the item you have spoken regarding. Thank you. NAME ADDRESS CITY ITEM 1. gol/v( -S// P 2. 4. AL 5. 6. 7. 1)614/ -be,r/Yk, 8. __�( . 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19.• 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35.