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HomeMy WebLinkAbout11-59 - Resolutions RESOLUTION NO. 11-59 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT DRC2011-00990—A REQUEST TO INCREASE THE HOURS OF OPERATION MONDAY THROUGH WEDNESDAY AND ON SUNDAYS AND ADD ADDITIONAL ARCADE GAMES AT A SIT-DOWN RESTAURANT LOCATED AT 12375 BASE LINE ROAD, SUITE 101, IN THE MIXED USE DISTRICT OF THE VICTORIA PLANNED COMMUNITY AT THE SOUTHEAST CORNER OF BASE LINE ROAD AND DAY CREEK BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0227-161-58. A. Recitals. 1. Independence Network, Inc. for Buffalo Wings & Rings filed an application for Conditional Use Permit DRC2011-00990, 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 November 9, 2011, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application which they continued to the December 14, 2011, and concluded said hearing on that date. 3. On December 14, 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. The Planning 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 Planning Commission during the above-referenced public hearing on November 9, 2011, and continued to December 14, 2011, including written and oral staff reports, together with public testimony, the Planning Commission hereby specifically finds as follows: a. The subject site is within the Mixed Use District of the Victoria Planned Community; and b. Buffalo Wings & Rings is located within the Winery Estates commercial center in Building A at the northeast corner of the center; and C. Restaurants with a full-service bar are permitted within the Mixed Use District of the Victoria Planned Community with a Conditional Use Permit; and d. The site is bounded by existing single-family residences to the north(Low-Medium Residential) and south (Mixed Use), a vacant commercially zoned parcel to the west (Regional Related Office/Commercial District), and an existing winery to the east(High Density Residential); and PLANNING COMMISSION RESOLUTION NO. 11-59 DRC2011-00990 — BUFFALO WINGS & RINGS December 14, 2011 Page 2 e. The applicant is requesting to modify their existing Conditional Use Permit to extend the hours of operation Monday through Wednesday from 12:00 a.m. to 1:00 a.m. and on Sundays from 10:00 a.m. to 9:30 a.m. (earlier opening time) and 10:00 p.m. to 11:00 p.m. (later closing time). The extended hours are necessary to better serve their existing clientele and the economic viability of the business; and f. The applicant is also requesting to have up to 9 standing and 8 table top arcade games. The Development Code classifies a business with over 3 arcade games as an arcade (17.10.030), which requires the approval of a Conditional Use Permit. The standing arcade games will be located adjacent to the entrance of the restaurant, and the table top games will be scattered around the restaurant and in the bar area; and g. Staff does not believe that the proposed changes will negatively affect the existing businesses in the center as the majority close at 9:00 p.m. or earlier and the arcade games will be closely monitored by the restaurant's staff; and h. The Rancho Cucamonga Police Department ran a call-for-service check for the applicant's address for the past 6 months which came back with only a few calls for employees accidentally setting off the alarm system of the restaurant and an employee theft. Staff finds that these police calls-for-service are very minor and not excessive for a full-service restaurant with a bar and therefore believe there are no public safety concerns at this time. i 3. Based upon the substantial evidence presented to the Planning Commission during the above-referenced public hearing, and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, the Planning 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, welfare, or materially injurious to the properties or the improvements in the vicinity; and C. The application, which contemplates operation of the proposed use, complies with each of the applicable provisions of the Development Code. d. 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 1 exemption under State CEQA Guidelines Section 15301 which covers the permitting of existing structures that involve negligible or no expansion of use beyond that existing at the time of the lead agency's original determination. The project entails increasing the operating hours and adding arcade games at an existing restaurant with no expansion or changes to the existing building. Staff finds that there is no substantial evidence that the project will have a significant effect on the environment in that there will only be an increase in the operating hours and no expansion of the structure. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs with staffs determination of exemption. 4. Based upon the findings and the conclusions set forth in Paragraphs 1, 2, 3, and 4 above, the Planning 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 COMMISSION RESOLUTION NO. 11-59 DRC2011-00990 — BUFFALO WINGS & RINGS December 14, 2011 Page 3 Planning Department: 1) Approval is granted for an increase in the hours of operation and an increase in the number of arcade game at an existing sit-down restaurant located at 12375 Baseline Road, Suite 101, in the Winery Estates commercial center. 2) The serving of alcoholic beverages shall be limited to the approved hours for operation of the restaurant, which are Monday through Wednesday from 10:00 a.m. to 1:00 a.m., Thursday from 10:00 a.m.to 1:00 a.m., Friday and Saturday from 10:00 a.m. to 2:00 a.m., and Sunday from 9:30 a.m. to 11:00 p.m. 3) A maximum of 9 stand up and 8 table top arcade games are permitted. Any increase in the number of arcade games will require modification of this approval. 4) The arcade games shall be monitored on a regular basis by the staff of the restaurant. 5) All Conditions of Approval related to DRC2007-00258(Resolution 07-12), except for hours of operation and the increase of arcade games (9 standing and 8 table top), shall remain in effect. 6) The sale and service of alcoholic beverages shall occur only when food items are served at the restaurant and shall cease when full listed menu items are not available to customers. 7) This permit does not allow live music or staged entertainment. Entertainment activities as defined by Rancho Cucamonga Municipal Code Chapter 5.12 shall require the applicant to obtain a separate Entertainment Permit approval from the Planning Commission. 8) If the operation of the facility causes adverse effects upon the adjacent businesses or operations, the Conditional Use Permit shall be brought before the Planning Director for consideration and possible termination of the use. 9) The facility shall operate in conformance with all applicable performance standards as defined in the Development Code including, but not limited to, noise levels. 10) 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. PLANNING COMMISSION RESOLUTION NO. 11-59 DRC2011-00990— BUFFALO WINGS & RINGS December 14, 2011 Page 4 5. The Secretary shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF DECEMBER 2011. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairma ATTEST: Jame . Troyer, AICP, Secretary I, James R.Troyer,AICP, Secretary of the Planning Commission of the Cityof 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 14th day of December 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 #: DRC2011-00990 SUBJECT: CONDITIONAL USE PERMIT APPLICANT: INDEPENDENCE NETWORK, INC. FOR BULLFALO WINGS & RINGS LOCATION: 12375 BASE LINE ROAD, SUITE 101 —APN: 0227-161-58 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. 11-59 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. 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. 1 Project No. DRC2011-00990 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, Development Code regulations, and the Victoria Community Plan. 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. 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. 2