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HomeMy WebLinkAbout09-33 - Resolutions 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—APIA: 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. 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, subjectto 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. 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. 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. FI tcher, Chairman ATTEST: 9JWA) - Ja v s R. Troyer, AICP, Secr Lary 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: FLETCHER, HOWDYSHELL, MUNOZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: STEWART, WIMBERLY COMMUNITY DEVELOPMENT 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: 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. 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 1:\PLANNINGTINAL\PLNGCOMNIQ009 Res&StfRpt\DRC2009-00274StdCond 9-9.doc 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\PLNGC0MM\2009 Res&StfRpt\DRC2009-00274StdCond 9-9.doc