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HomeMy WebLinkAbout04-28 - Resolutions RESOLUTION NO. 04-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT (NON-CONSTRUCTION) DRC2003-01247 - HOF'S HUT RESTAURANTS, INC. (LUCILLE'S SMOKEHOUSE BAR)-A REQUESTTO INCLUDE A BAR WITHIN A 9,525 SQUARE FOOT FULL SERVICE RESTAURANT INCLUDING ENTERTAINMENT IN THE MIXED-USE DISTRICT OF THE VICTORIA COMMUNITY PLAN, LOCATED IN THE VICTORIA GARDENS REGIONAL CENTER AT THE NORTHWEST CORNER OF NORTH MAINSTREET AND EDEN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0227-201-35. A. Recitals. 1. Craig Hofman of Lucille's Smokehouse Bar-B-Que filed an application forthe issuance of Conditional Use Permit DRC2003-01247, 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 25th day of February 2004, 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 February 25, 2004, including written and oral staff reports,togetherwith public testimony, this Commission hereby specifically finds as follows: a. The application applies to property within the Victoria Gardens Regional Center at the northwest comer of North Mainstreet and Eden Avenue, and the overall center is currently under construction; and b. The property surrounding the site is under construction with the Victoria Gardens Regional Center; and C. The proposed bar, in conjunction with a full service restaurant and live entertainment, will provide a high quality form of dining and entertainment that will work synergistically with the Victoria Gardens project; and d. There is ample parking available in the large parking fields and on-street parking areas associated with the Victoria Gardens project. 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: PLANNING COMMISSION RESOLUTION NO. 04-28 DRC2003-01247 LUCILLE'S SMOKEHOUSE BAR-B-QUE February 25, 2004 Page 2 a. The proposed use is in accord with the General Plan, the objectives of the Development Code, the Victoria Community Plan, the Victoria Gardens Master Plan, and the purposes of the district in which the site is located. b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. C. The proposed use complies with each of the applicable provisions of the Development Code and the Victoria Community Plan. 4. This Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970,as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Division 1) The restaurant and all associated operations shall be in complete conformance with the conditions of approval associated with Entertainment Permit DRC2004-00034. 2) Approval of this request shall not waive compliance with any sections of the State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 3) If operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible termination of the use. 4) The applicant shall comply with all applicable laws and regulations from the Department of Alcoholic Beverage Control. 5) Approval is for a bar, in conjunction with a full service restaurant with entertainment. Any expansion, modification, or intensification of use beyond that requested by the application shall require modification to this application. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF FEBRUARY 2004. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO. 04-28 DRC2003-01247 LUCILLE'S SMOKEHOUSE BAR-B-QUE February 25, 2004 Page 3 BY: Rich Macias, Chairman ATTEST: Brad Bullaj4cgiedretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 25th day of February 2004, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, McNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2003-01247 SUBJECT: NON-CONSTRUCTION CONDITIONAL USE PERMIT APPLICANT: LUCILLE'S SMOKEHOUSE BAR-B-QUE LOCATION: VICTORIA GARDENS REGIONAL CENTER ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION,(909)477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents,officers,or employees,because of the issuance of such approval,or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may,at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 04-28, 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. B. Time Limits 1. Conditional Use Permit, Variance, or Development/Design Review 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. C. Site Development 1. 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 Division to show compliance. The buildings shall be inspected for compliance prior to occupancy. SC-1-04 1 Project No. DRC2003-01247 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. D. Shopping Centers 1. 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. 2. Hours of operation shall be restricted to 11:00 a.m. until 2:00 a.m., Friday and Saturday: and 11:00 a.m. to 2:00 a.m., Sunday through Thursday. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,(909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) E. 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 Division Project Number(i.e.,SUBTT#,SUBTPM#, DRC#)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. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the Building and Safety Division. 5. Developers wishing to participate in the Community Energy Efficiency Program (CEEP) can contact the Building and Safety Division staff for information and submittal requirements. SC-1-04 2 Project No. DRC2003-01247 Completion Date F. 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., DRC2003-01247). 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 Division for availability of the Code Adoption Ordinance and applicable handouts. G. 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. Roofing material shall be installed per the manufacturer's "high wind" instructions. 4. Plans for food preparation areas shall be approved by County of San Bernardino Environmental Health Services prior to issuance of building permits. 5. Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC Section 1505. 6. Roofing materials shall be Class "A." (- 7. Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A 8. Openings in exterior walls shall be protected in accordance with CBC Table 5-A. 9. Provide smoke and heat venting in accordance with CBC Section 906. 10. Upon tenant improvement plan check submittal, additional requirements may be needed. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: H. Security Lighting 1. Lighting in exterior areas shall be in vandal-resistant fixtures. 1. Security Hardware 1. A secondary locking device shall be installed on all sliding glass doors. 2. One-inch single cylinder dead bolts shall be installed on all entrance doors. If windows are within 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used. 3. All roof openings giving access to the building shall be secured with either iron bars,metal gates, _/_/_ or alarmed. J. Windows 1. Storefront windows shall be visible to passing pedestrians and traffic. 2. Security glazing is recommended on storefront windows to resist window smashes and impede entry to burglars. SC-1-04 3 Project No. DRC2003-01247 Completion Date K. Alarm Systems 1. Install a burglar alarm system and a panic alarm if needed. Instructing management and employees on the operation of the alarm system will reduce the amount of false alarms and in turn save dollars and lives. I 2. Alarm companies shall be provided with the 24-hour Sheriff's dispatch number: (909) 941-1488. SC-1-04 4