HomeMy WebLinkAbout11-03 - Resolutions RESOLUTION NO. 11-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, MODIFYING CONDITIONAL USE
PERMIT DRC2010-00078M,A REQUEST TO PROVIDE ENTERTAINMENT
WITHIN A 6,088 SQUARE FOOT RESTAURANT WITH BAR IN THE
MIXED USE DISTRICT OF THE VICTORIA ARBORS MASTER PLAN,
LOCATED AT 7881 MONET AVENUE—APN: 0227-464-08;AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. Alberto Mestre, on behalf of Candela's Contemporary Cuisine,filed an application for the
modification of Conditional Use Permit DRC2010-00078M, 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. The original Conditional Use Permit was approved by the Planning Director on
May 11, 2010, through the adoption of Resolution Number 10-07.
3. On the 26th day of January 2011, 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.
4. 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 January 26, 2011, including written and oral staff reports,
together with public testimony, this Commission hereby specifically finds as follows:
a. The subject property is zoned Mixed Use—Victoria Community PlanNictoria Arbors
Master Plan; and
b. The subject property is within the Victoria Gardens Lifestyle Center and is zoned
Mixed Use — Victoria Community Plan/Victoria Arbors Master Plan to the north, south, east, and
west; and
C. The site is appropriately located for the proposed use in that the use is a restaurant
and bar, which is similar in nature to the nearby uses that are retail, restaurant and restaurants with
bar uses; and
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. 11-03
DRC2010-00078M — CANDELA'S CONTEMPORARY CUISINE
January 26, 2011
Page 2
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.
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-Existing Facilities because the project does not result in any interior or exterior
alterations. 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,
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 Department
1) Approval is hereby granted forthe provision of entertainment within an
existing 6,088 square foot restaurant with the sales and service of
alcoholic beverages for on-site consumption at 7881 Monet Avenue.
2) The conditions set forth in this Resolution shall supersede those
conditions imposed in Resolution 10-07.
3) Entertainment shall be limited to the bar area only. Any expansion of
entertainment will require a modification to the approved Conditional
Use Permit.
4) Entertainment shall not be provided without a valid Entertainment
Permit. The business shall comply with all Conditions of Approval for
such Entertainment Permit, including without limitation, the hours of
operation set forth in the Entertainment Permit.
5) The days and hours of operation of the restaurant shall be limited to
Monday through Sunday between 8:00 a.m. and 2:00 a.m.
6) The sale of alcohol shall cease no less than thirty(30)minutes before
the closing times as indicated in Condition No. 5 or when full-menu
food items are not available to customers.
7) If the operation of the facility causes adverse effects upon the adjacent
businesses or operations,the Conditional Use Permit shall be brought
PLANNING COMMISSION RESOLUTION NO. 11-03
DRC2010-00078M — CANDELA'S CONTEMPORARY CUISINE
January 26, 2011
Page 3
before the Planning Commission for consideration and possible
termination of the use.
8) 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.
9) The applicant shall obtain all necessary permits from the Building and
Safety Department and the Rancho Cucamonga Fire Protection District
prior to operation.
10) No modifications to the Floor Plan or intensification of the use shall be
permitted without prior review and approval by the Planning
Commission.
11) Approval of this request shall not waive compliance with all sections of
the Victoria Community Plan, the Victoria Gardens Master Plan, the
Victoria Gardens Master Plan, and the Rancho Cucamonga
Development Code and all other applicable City Ordinances in effect at
the time of building permit issuance.
Alcohol Service:
12) Patrons who appear obviously intoxicated shall not be served any
alcoholic beverages.
13) There shall be no promotions encouraging intoxication or drinking
contests or advertisements indicating "Buy one drink, get one free,"
"Two for the price of one," or "All you can drink for ..." or similar
language.
14) There shall be no "stacking" of drinks, i.e., more than one drink at a
time, to a single patron.
15) Except for wine bottles, oversized containers or pitchers containing in
excess of 25 ounces of an alcoholic drink shall not be sold to a single
patron for their sole consumption.
16) The sale of alcoholic beverages for consumption off the premises is
strictly prohibited.
17) Employees shall not consume any alcoholic beverages during their
work shift.
PLANNING COMMISSION RESOLUTION NO. 11-03
DRC2010-00078M — CANDELA'S CONTEMPORARY CUISINE
January 26, 2011
Page 4
18) A file containing the names and dates of employment of every person
serving alcoholic beverages for consumption by patrons on the
licensed premises and every manager shall be kept on the premises.
The file shall also include a copy of each person's Certificate of
Completion of the Department of Alcohol Beverage Control L.E.A.D.
course (Licensee Education on Alcohol and Drugs) or equivalent.
Upon request, said file shall be made available for review to
representative of the City of Rancho Cucamonga Police Department.
New employees will have 90 days from date of employment to obtain
L.E.A.D. certification or equivalent.
19) There shall be a Designated Driver Program wherein there is an
incentive to the person not drinking alcoholic beverages, who is in a
group of three or more, to be the designated driver for that group of
patrons.
20) There shall be a Taxi-Ride Program where the establishment will offer
to call a taxi for patrons when it seems appropriate. Phone numbers of
local taxi companies shall be posted for viewing by patrons.
Security:
21) Except in case of emergency, the licensee shall not permit its patrons
to enter or exit the licensed premises through any entrance/exit other
than the primary entrance/exit, excluding entrances/exits from patio
areas. Steps shall be taken by the licensee to discourage
unauthorized exiting.
22) Any patron who (1) fights or challenges another person to fight, (2)
maliciously and willfully disturbs another person by loud or unreasoned
noise, or (3) uses offensive words, which are inherently likely to
provoke an immediate violent reaction shall be removed from the
premises.
23) An incident log shall be maintained at the licensed premises on a
continual basis with at least one year of entries and be readily available
for inspection by a police officer. The log is for recording any physical
altercations, injuries, and objectionable conditions that constitute a
nuisance occurring in, on, or at the licensed premises, including the
immediately adjacent area that is owned, leased, or rented by the
licensee. The log will indicate date, time, description of incident, and
action taken. "Objectionable conditions that constitute a nuisance'
means disturbance of the peace, public drunkenness, drinking in
public, harassment of passersby, gambling, prostitution, loitering,
public urination, lewd conduct,drug trafficking, or excessive loud noise.
24) The owner or manager of the licensed premises shall maintain on the
premises a written security policy and procedures manual addressing
at a minimum the following items: Handling obviously intoxicated
persons; establishing a reasonable ratio of employees to patrons,
PLANNING COMMISSION RESOLUTION NO. 11-03
DRC2010-00078M — CANDELA'S CONTEMPORARY CUISINE
January 26, 2011
Page 5
based upon activity level, in order to monitor beverage sales and
patron behavior; handling patrons involved in fighting or arguing;
handling loitering about the building and in the immediate adjacent
area that is owned, leased, rented, or used under agreement by the
Licensee(s); verifying age/checking identification of patrons; warning
patrons of reaching their drinking limit/potential intoxication and
refusing to serve; calling the police regarding observed or reported
criminal activity.
Fire District/Building and Safety Department
1) If any modifications are made to the building, plans must be submitted
for review. To submit plans call (909)477-2710 for more information.
2) Occupant load is not to increase with the entertainment function,
maintain the occupant load as previously approved and posted. If the
entertainment activity includes dancing or modifications of the seating
arrangement, the business owner upon CUP approval must apply fora
new Fire Code Assembly permit. Please contact Fire Construction
Services at(909)477-2710 to obtain a permit application and details of
the Floor Plan requirements. The DJ equipment and/or platform may
not obstruct the exit doors or path of travel. Banners or decorations in
the lounge must be fire retardant as required for the occupancy.
The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 26TH DAY OF JANUARY 2011.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Luis Munoz, Jr., Chairman
ATTEST:
jar 's 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 26th day of January 2011, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: OAXACA
ABSTAIN: COMMISSIONERS NONE