HomeMy WebLinkAbout11-29 - ResolutionsRESOLUTION NO. 11-29
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT DRC2010-00986, THE APPROVAL FOR THE DESIGN AND
ADDITION OF A 700 SQUARE FOOT OUTDOOR EATING AREA THAT
PERMITS THE COMSUMPTION OF ALCOHOLIC BEVERAGES AND
CONTINUES THE PREVIOUSLY APPROVED CONSUMPTION OF
ALCOHOLIC BEVERAGES WITHIN THE PREMISES UNDER
CONDITIONAL USE PERMIT DRC2004-00243 AT AN EXISTING
BJ'S RESTAURANT & BREWHOUSE, LOCATED AT 11520 4TH STREET
IN SUBAREA 12 OF THE INDUSTRAIL PARK DISTRICT; AND MAKING
FINDINGS IN SUPPORT THEREOF - APN: 0229-263-48.
A. Recitals.
1. Don Gardener with BJ's Restaurant filed an application for the approval of Conditional
Use Permit DRC2010-00986, as described in the title of this Resolution. Hereinafter in this
Resolution, the subject Development Review request is referred to as "the application."
2. On the 22nd day of June 2011, the Planning Commission of the City of
Rancho Cucamonga conducted a duly notice 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 meeting on June 22, 2011, including written and oral staff reports and public
testimony, this Commission hereby specifically finds as follows:
a. The application applies to the property located at 11520 4th Street, with a street
frontage of 293 feet and lot depth of 301 feet and is presently improved with a restaurant and
parking lot and lighting, and
b. The properties to the north of the subject site is improved with hotels; the property
south across 4th Street in the City of Ontario is the Ontario Mills Mall; the property to the east is a
commercial center; and the property to the west is Famous Dave's restaurant; and
C. The applicant has concurrently applied for a Minor Development Review
DRC2010-00989 for the addition of the patio area; and
d. The property will still adhere to the original Conditions of Approval from Conditional
Use Permit DRC2004-00243 for the consumption of alcoholic beverages on-site with a Type 47
Alcoholic Beverage Control License, and
PLANNING COMMISSION RESOLUTION NO. 11-29
DRC2010-00986 — BJ'S RESTAURANT
June 22, 2011
Page 2
e. The project, together with the recommended Conditions of Approval, complies with
all minimum development standards for the City of Rancho Cucamonga; and
f. The project incorporates the original architectural design of the existing building
and adds glass screening elements that mitigate wind and sound issues.
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 project is consistent with the objectives of the General Plan because
it expands the service of an existing use within the commercial center that creates a wider range of
community -oriented and regionally -oriented businesses; and
b. The proposed use is in accord with the objectives of the Development Code and
the purposes of the District in which the site is located because the project is compatible with the
existing center and the existing restaurant through use of compatible building materials and design;
and
C. The proposed use is in compliance with each of the applicable provisions of the
Development Code because the project complies with the established designed standards of the
Development Code, such as setback, landscaping, and parking requirements; and
d. 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 because the project patio area will be a minor extension of the existing
restaurant and has conditions to mitigate any potential problems.
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 a Class 1 Exemption under State CEQA Guidelines
Section 15301(e)(1) (Addition to Existing Structures) because this project is only 700 square feet
and located in an area that contains all public services and facilities to allow for maximum
development, and 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 for the modification of Conditional Use Permit
DRC2004-00243 to allow for the consumption of alcoholic beverages in
the 700. square foot outdoor eating area addition at an existing
BJ's restaurant within an existing commercial center, located at
11520 4th Street.
PLANNING COMMISSION RESOLUTION NO. 11-29
DRC2010-00986 — BJ'S RESTAURANT
June 22, 2011
Page 3
2) Any proposed exterior changes including, but not limited to, the design
of the patio area, including exterior materials, shall not be permitted
without prior City review and approval.
3) All applicable Conditions of Approval for Conditional Use Permit
DRC2004-00243, Resolution 04-105 shall apply.
4) The applicant shall notify and satisfy any and all Alcoholic Beverage
Control (ABC) requirements for the addition of the patio area prior to
occupancy.
5) All patrons who appear under the age of 30 shall be required to show
some form of identification or they will not be served an alcoholic
beverage. A sign indicating this policy shall be prominently posted in a
place that is clearly visible to patrons. Only the following forms of
identification will be acceptable:
a) Valid driver's license
b) Valid State identification card
c) Valid passport
d) Current military identification
e) U.S. Government immigrant identification card
All forms of out-of-state identification shall be checked by the
authorized representative of the owner of the licensed premises in the
Driver's License Guide. Upon presentment to the authorized
representative of the owner of the licensed premises, the patron's form
of identification shall be removed from the patron's wallet or any plastic
holder and inspected for any alterations through a close visual
inspection and/or use of a flashlight or "Retro -reflective viewer."
6) If persons under 21 years of age are allowed on the premises after
midnight, the licensee(s) must utilize separate types of glassware to
distinguish alcoholic drinks from non-alcoholic drinks. Additionally,
persons under 21 years of age shall have a unique mark or symbol
applied to the backside their hand that readily identifies them as a
person who can not be served an alcoholic drink.
7) Patrons who appear obviously intoxicated shall not be served any
alcoholic beverages.
8) 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.
PLANNING COMMISSION RESOLUTION NO. 11-29
DRC2010-00986 — BJ'S RESTAURANT
June 22, 2011
Page 4
9) The licensee(s) or an employee of the licensee(s) will be present in the
patio at all times when alcoholic beverages are being served or
consumed. An alternative is to have at least two (2) cameras
monitoring the patio, one at each end and should be capable of
distinguishing unauthorized persons in the patio including underage
persons consuming alcohol or alcohol being removed from the
premises via the patio. Monitoring of the cameras shall be in an active
area where employees are always present and can easily view these
cameras.
10) There shall be no "stacking" of drinks, i.e., more than one drink at a
time, to a single patron.
11) When serving pitchers exceeding 25 ounces of an alcoholic drink, all
patrons receiving such pitcher, as well as all patrons who will be
consuming all or any portion of such pitcher, shall present some form
of identification (as noted in Condition No. 5 above) to the server if
appearing to be under the age of 30, if not previously checked at the
entrance to the licensed premises.
12) 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.
13) The sale of alcoholic beverages for consumption off the premises is
strictly prohibited.
14) Employees and contract security personnel shall not consume any
alcoholic beverages during their work shift.
15) 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.
(Licensee Education on Alcohol and Drugs) course. Upon request,
said file shall be made available for review to the representative of the
City of Rancho Cucamonga Police Department. New employees will
have 90 days from the date of employment to obtain L.E.A.D.
certification.
16) 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.
17) 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.
PLANNING COMMISSION RESOLUTION NO. 11-29
DRC2010-00986 — BJ'S RESTAURANT
June 22, 2011
Page 5
18) 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.
19) 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.
20) 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.
21) The City of Rancho Cucamonga Police Department may require State
licensed security guards to perform crowd control inside and outside of
the establishment, based upon the type of activities anticipated at the
location or based upon prior history of activity at this establishment or
other similar businesses.
22) Security personnel that may be required by the Rancho Cucamonga
Police Department for the licensed premises shall be in a uniform or
clothing which is readily identifiable as a security person. They shall
maintain order and enforce the establishment's no loitering policy, and
shall take "reasonable steps" (as that term is defined in subparagraph
(3) of Section 24200 of the California Business and Professions Code)
to correct objectionable conditions that constitute a nuisance.
23) 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,
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; and calling the police regarding observed or reported
criminal activity.
PLANNING COMMISSION RESOLUTION NO. 11-29
DRC2010-00986 — BYS RESTAURANT
June 22, 2011
Page 6
24) Contract security services, proprietary security personnel, or personnel
assuming the functions typically associated with security shall be
familiar with the establishment's written security policy and procedures;
by reviewing them and signing they have read and understood the
policy. The signed acknowledgement shall be kept in file relating to the
security manual.
25) Prior to utilizing a contract security guard company, the establishment
shall verify the security company has a current City of Rancho
Cucamonga Business License.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 22ND DAY OF JUNE 2011.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Luis Munoz, Jr., Chairman
ATTEST: i r
i6rpfs R. Troyer, AICP, Secretary
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 June 2011, by the following vote -to -wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA. WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT #: DRC2010-00986
SUBJECT: CONDITIONAL USE PERMIT
APPLICANT: BTS RESTAURANT
LOCATION: 11520 4TH STREET - APN: 0229-263-48
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 maybe 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. 11-29 and Standard
Conditions 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. Time Limits
1. Conditional Use Permit 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.
SC -12-08 1
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Project No. DRC2010-00986
Completion Date
C. Site Development
1. The site shall be developed and maintained in accordance with the approved plans which include
site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and
grading on file in the Planning Department, the conditions contained herein, and the
Development Code regulations.
2. 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.
3. 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
Department to show compliance. The buildings shall be inspected for compliance prior to
occupancy.
4. Revised site plans and building elevations incorporating all Conditions of Approval shall be
submitted for Planning Director review and approval prior to the issuance of building permits.
5. 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
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.
E. Landscaping
Existing trees required to be preserved in place shall be protected with a construction barrier in
accordance with the Municipal Code Section 19.08.110, and so noted on the grading plans. The
location of those trees to be preserved in place and new locations for transplanted trees shall be
shown on the detailed landscape plans. The applicant shall follow all of the arborist's
recommendations regarding preservation, transplanting, and trimming methods.
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)
F. General Requirements
Submit five complete sets of plans including the following:
a. Site/Plot Plan;
b. Foundation Plan;
C. Floor Plan;
d. 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;
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Project No. DRC2010-00986
e. 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
f. Planning Department Project Number (DRC2010-00986) 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 Department.
G. Site Development
Plans shall be submitted for plan check and approved prior to construction. All plans shall be
marked with the project file number (i.e., DRC2010-00986). 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 Department for
availability of the Code Adoption Ordinance and applicable handouts.
2. Prior to issuance of building permits for a new commercial or industrial development project or
major addition, the applicant shall pay development fees at the established rate. Such fees may
include but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation
Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program
deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to
the Building and Safety Department prior to permits issuance.
3. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday
through Saturday, with no construction on Sunday or holidays.
H. New Structures
1. Provide compliance with the California Building Code (CBC). Emergency illumination and panic
hardware are required.
2. The proposed umbrellas must be fire retardant and must be kept at a safe clearance from the
heaters in accordance with the heaters manufacturer's listing.
3. The occupant load must be posted and it may not exceed 49 persons.
4. 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:
Security Lighting
All parking, common, and storage areas shall have minimum maintained 1 -foot candle power.
These areas should be lighted from sunset to sunrise and on photo sensored cell.
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Completion Date
Project No. DRC2010-00986
Completion Date
2. All buildings shall have minimal security lighting to eliminate dark areas around the buildings, with
direct lighting to be provided by all entryways. Lighting shall be consistent around the entire
development.
3. Lighting in exterior areas shall be in vandal -resistant fixtures.
APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION
PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
1. Submit to Building and Safety for plan check. The Assembly Use Permit will be revised
at plan check.
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