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HomeMy WebLinkAbout04-64 - Resolutions RESOLUTION NO. 04-64 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2004-00326, A REQUEST TO ESTABLISH A FULL SERVICE RESTAURANT WITH BAR AND MICROBREWERY WITHIN A 8,794 SQUARE FEET SPACE IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 7), LOCATED IN MASI PLAZA AT 11837 FOOTHILL BOULEVARD, SUITE A; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0229-011-39. A. Recitals. 1. Omaha Jacks filed an application for the issuance of Conditional Use Permit DRC2004-00326, 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 26th day of May 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. The 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 the Commission during the above-referenced public hearing on May 26, 2004, including written and oral staff reports, together with public testimony, the Commission hereby specifically finds as follows: a. The application applies to property located at the southwest corner of Foothill Boulevard and Rochester Avenue, which is presently improved with a mixed-use center. b. The property to the north of the subject site is developed with a commercial center, the property to the south is the City's Epicenter/Sports Complex, the property to the east contains a single-family home and undeveloped land around it, and the property to the west is partially developed with a commercial center; and C. The property is designated Industrial Park (Subarea 7) in the Development Code. The proposed use, Omaha Jacks, is classified as a restaurant with a bar and entertainment, which is conditionally permitted in the Industrial Park District. d. The application contemplates the establishment of a bar serving distilled spirits and a brewery. e. The proposed hours of operation for the bar are 11:00 a.m. to 2:00 a.m. PLANNING COMMISSION RESOLUTION NO. 04-64 DRC2004-00326 —OMAHA JACKS May 26, 2004 Page 2 f. The proposed use is compatible with the surrounding land uses and the site has sufficient parking spaces to accommodate the use. 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 and 2 above, the 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 uses, complies with each of the applicable provisions of the Development Code. 4. The Planning 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, the Planning hereby approves the application, subject to each and every condition set forth below: Planning Division 1) Approval is for an 8,794 square foot full service restaurant with outdoor seating, a bar, and microbrewery. Expansion or intensification of the bar or brewery shall require modification to the Conditional Use Permit. 2) Approval is granted for the establishment of a bar with the sale of alcoholic beverages for consumption on the premises when sold within a bona fide eating place. 3) Incidental sales of beer produced may be sold to local outlets. City business licenses and permits and/or licenses from other pertinent agencies are required. 4) Delivery trucks shall not impede traffic flow within the center or impact parking available to the general public. Parking, loading, and unloading along the main entry drive at the west side of the building is prohibited. 5) Hours of operation shall be limited to 10:00 a.m. to 12:00 a.m. Sunday through Wednesday, and 10:00 a.m. to 2:00 a.m. Thursday through Saturday. PLANNING COMMISSION RESOLUTION NO. 04-64 DRC2004-00326—OMAHA JACKS May 26, 2004 Page 3 6) The parking lot shall be posted "No Loitering" with letters not less than 1-inch in height on signs to the satisfaction of the City Planner and Sheriff's Department. 7) 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. S) If the operation of the facility causes nuisance problems, the City Planner may require the applicant to implement a security personnel plan to mitigate the problem. A detailed security plan shall be submitted for City Planner and/or Planning Commission review and approval. 9) Any signs proposed for the facility shall be designed in conformance with the City's Sign Ordinance and the Uniform Sign Program No. 125 for Masi Plaza, and shall require review and approval by the City Planner prior to installation. 10) The placement of more than three coin operated amusement devices in the facility shall require a separate Conditional Use Permit for an arcade. 11) The facility shall be operated in conformance with the performance standards as defined in the Industrial Area Specific Plan including, but not limited to, noise levels. 12) 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. 13) The applicant shall process all necessary permits as required by the Department of Alcohol and Beverage Control and adhere to all conditions imposed by said Department. 14) Failure to comply with Conditions of Approval or applicable City Ordinances shall cause the suspension of the Conditional Use Permit and possible revocation of the Conditional Use Permit by the Planning Commission. 15) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of 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 such PLANNING COMMISSION RESOLUTION NO. 04-64 DRC2004-00326—OMAHA JACKS May 26, 2004 Page 4 action, but such participation shall not relieve applicant of his obligation under this condition. Fire District/Building & Safety Division 1) Plans are required for any alterations to the building requiring a Building Permit. Please Submit to the Building & Safety Division for review and approval before demolition or construction. 2) A new Assembly Use Permit is required for the new owners. 3) Please submit a scaled and dimension floor plan to The Rancho Cucamonga Fire Protection District. 6. The Secretary shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 26TH DAY OF MAY 2004. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: 12,Z. 4,—, Rich Macias, Chairman ATTEST: Brad ecreta I, Brad Buller, Secretary to the Planning Commission for 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 held on the 26th day of May 2004. AYES: COMMISSIONERS: FLETCHER, MACIAS, McNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE