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HomeMy WebLinkAbout08-61 - Resolutions RESOLUTION NO. 08-61 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REVOKING CONDITIONAL USE PERMIT NO. CUP87-06 FOR THE SERVING OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A RESTAURANT, LOCATED IN THE NEIGHBORHOOD COMMERCIAL DISTRICT AT 974019TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1076-011-10. A. Recitals. 1. Pepper's Mexican Restaurant filed an application for the issuance of Conditional Use Permit No. CUP87-06, as described in the title of this Resolution. Hereinafter in this Resolution,the subject Conditional Use Permit request is referred to as "the application." 2. On the 22nd day of October 2008, the Planning Commission of the City of Rancho Cucamonga conducted a 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 October 22, 2008, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the existing restaurant and bar located in a commercial center at 9740 19th Street. b. The property to the north of the subject site is the 1-210 Freeway; the properties to the south consists existing single-family residences; the property to the east is an existing multi-family development; and the property to the west is an existing multi-family development; and C. On August 8, 2008, deputies from the Rancho Cucamonga Police Department, along with the Alcohol Beverage Control (ABC), conducted an ABC compliance check of multiple bars in the City, including Pepper's Mexican Restaurant. The compliance check resulted in one patron be arrested for public intoxication, the bartender being cited for serving alcohol to an intoxicated person and Pepper's Mexican Restaurant manager being cited for having an expired business license. The Police Department contacted the City and informed them of the results of the compliance check, including Pepper's Mexican Restaurant expired business license and the extensive history of police calls-for-service to the business; and d. The Rancho Cucamonga Police Department reports that they have made 42 calls-for-service for the year 2007 and 43 calls-for-service for the year 2008 (through the month of June). Additionally, Rancho Cucamonga Fire Department has made 26 calls-for-service to the site for the year 2007 through the month of June 2008. PLANNING COMMISSION RESOLUTION NO. 08-61 CUP87-06 — PEPPER'S MEXICAN RESTAURANT October 22, 2008 Page 2 e. The applicant's business is located within the Neighborhood Commercial District which only permits bars or cocktail lounges when they are operated in conjunction with a restaurant and always requires a Conditional Use Permit for the sale of distilled spirits. The approved Conditional Use Permit requires that the service of alcohol must be in conjunction with a restaurant and with the availability of a full menu. Additionally, it stipulates that the service of alcoholic beverages must cease when the full menu is not available to customers and limits the hours that the bar may be operated between 11:00 a.m. and 11:00 p.m. The applicant is offering the sale of alcoholic beverages after 11:00 p.m. f. The current floor plan is more indicative of a bar rather than a restaurant and is in violation of the floor plan approved under the Entertainment Permit. g. The Municipal Code requires that businesses have a valid business license and that they pay business license taxes. Pepper's Mexican Restaurant has not had a valid business license or paid their license taxes since January 1, 2005. 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 not in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located in that a stand alone bar is not permitted in the Neighborhood Commercial District. The district was created to be a low intensity land use area designed to serve the day to day needs of the local residential neighborhoods surrounding the district. The use regulations for the Neighborhood Commercial District were designed with the goal of allowing businesses that attract a local rather than a regional clientele, such as restaurants with a small bar area rather than a stand alone bar. b. The proposed use, together with the conditions applicable thereto, will be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity in that the City's Police Department and Fire Department have made extensive calls-for-service to the business over the last two years which is detrimentally affecting the safety and welfare of the residents living in the surrounding neighborhood and of the business owners and customers of the commercial center in which they are located. C. The proposed use does not comply with each of the applicable provisions of the Development Code in that the subject business has been converted from a full-service restaurant to a sports bar in violation of the Development Code which only permits bars within the Neighborhood Commercial District when they are operated in conjunction with a full-service restaurant. Additionally, the applicant is selling alcoholic beverages after 11:00 p.m. in violation of the Conditions of Approval. 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 as a Class 21 exemption under State CEQA Guidelines Section 15321 which covers actions by regulatory agencies including the revocation of entitlements adopted by the regulatory agency. Because the action is to deny an existing Conditional Use Permit because of violations of the agencies regulations and the approved Conditions of Approval, there is no substantial evidence that the revocation 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 with staff's determination of exemption. PLANNING COMMISSION RESOLUTION NO. 08-61 CUP87-06 — PEPPER'S MEXICAN RESTAURANT October 22, 2008 Page 3 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby revokes Conditional Use Permit CUP87-06. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 22ND DAY OF OCTOBER 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: <'� Richard B. Fletcher, Chairman ATTEST: 2" &,�) Jant, R. Troyer, AICP, Secretah 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 22nd day of October 2008, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MUNOZ, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HOWDYSHELL ABSTAIN:COMMISSIONERS: STEWART