HomeMy WebLinkAbout14-10 - Resolutions RESOLUTION NO. 14-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE
PERMIT DRC2013-01025,A REQUEST TO MODIFY CONDITIONAL USE
PERMIT 87-06 TO EXTEND THE HOURS OF OPERATION FOR A BAR
AND GRILL WITHIN THE NEIGHBORHOOD COMMERCIAL (NC)
DEVELOPMENT DISTRICT, LOCATED AT 9740 19TH STREET; AND
MAKING FINDINGS IN SUPPORT THEREOF—APN: 1076-011-10.
A. Recitals.
1. HK's Bar and Grill filed an application for the issuance of Conditional Use Permit
DRC2013-01025 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 12th day of February, 2014, 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 February 12, 2014, including written and oral staff reports,
together with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to a 3,700 square foot in-line tenant space within a
commercial center with 21 other tenants including anchor Stater Brother's Market and is located on
the northeast corner of Archibald Avenue and 19th Street; and
b. To the north is the 210 Freeway; to the south (across 19th Street) is single-family
development within the Low Medium (LM) Development District; to the east is a multi-family
development within the Medium High (MH) Development District; and to the west (across
Archibald Avenue) is a multi-family development within the Low Medium (LM) Development District;
and
C. The applicant's purchased Pepper's Restaurant on April 18, 2013 and changed the
name to HK's Bar and Grill. They have since renovated the interior of the restaurant and created a
new menu. The business continues to operate under Pepper's CUP (87-06), which requires that
they close by 11:00 p.m., 7 days per week. The applicant is requesting to extend the hours of
operation and to add live entertainment (DRC2013-01027).
PLANNING COMMISSION RESOLUTION NO. 14-10
CONDITIONAL USE PERMIT DRC2013-01025 - HK'S BAR AND GRILL
February 12, 2014
Page 2
d. HK's Bar and Grill operates a full-service restaurant serving lunch and dinner. They
will have approximately 19 employees with 9 employees working on the largest shift; and
e. The applicant's Security Plan has been reviewed and accepted by the
Rancho Cucamonga Police Department; and
f. A full menu will be served at all times that alcoholic beverages are served; and
g. The center has a 29 parking space deficit with the current tenant makeup. The
applicant's tenant space has continually been used as a restaurant since 1987 and is busiest
evenings when many of the neighboring office uses are closed. For this reason, Staff feels that
continuing the existing use will not negatively impact the other tenants in the center and there will be
adequate parking for all the uses on the site.
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 allowed within the applicable zoning district and complies with
all other applicable provisions of the Zoning Code, Municipal Code, General Plan, and any applicable
Specific Plans or City regulations/standards. In that, the operation of a bar in conjunction with a
restaurant is permitted within the Neighborhood Commercial (NC) Development District with the
approval of a Conditional Use Permit.
b. The site is physically suited for the type, density, and intensity of the proposed use
including access, utilities, and the absence of physical constraints and can be conditioned to meet all
related performance criteria and development standards. In that,the commercial center in which the
site is located was designed for a wide variety of commercial uses including restaurants with bars.
C. Granting the application would not be detrimental to the public, health, safety,
morals, or welfare, in that the applicant has provided a Security Plan to regulate the operation of the
restaurant and bar to limit any negative effects on the public.
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 as a Class 1 exemption under State CEQA Guidelines
Section 15301 - Existing Facilities - 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 hours of operation and permitting entertainment for
an existing restaurant and bar with no expansion or major changes to the existing building. Staff
finds that there is no substantial evidence that the project will 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 staffs 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 COMMISSION RESOLUTION NO. 14-10
CONDITIONAL USE PERMIT DRC2013-01025- HK'S BAR AND GRILL
February 12, 2014
Page 3
Planning Department
1) Approval is to expand the hours of operation of a 3,700 square foot
restaurant and bar at 9740 19th Street -APN: 1076-011-10.
2) Changes to the approved Site Plan, Floor Plan, and/or expansion of the
approved hours of operation requires prior approval of the Planning
Manager or Planning Commission.
3) The approved hours of operation are Sundays through Wednesdays
from 9:30 a.m. to 12:00 a.m. (Midnight) and from 9:30 a.m. to 2:00 a.m.
Thursdays through Saturdays.
4) The business may also stay open until 2:00 a.m. for the following
holidays: New Year's Eve, Valentine's Day, Saint Patrick's Day, Cinco
de Mayo, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, and
Christmas Day.
5) The full-restaurant menu shall be available at all times that alcoholic
beverages are served. The service of alcoholic beverages shall cease
a minimum of 30 minutes prior to the approved closing time.
6) The business operations shall be in compliance with the performance
standards that are described in Section 17.66 of the Development
Code, including noise limits which are described in
Section 17.66.050(G).
7) The business operations shall be in compliance with the regulations and
requirements of the California Department of Alcoholic Beverage
Control that apply to Type 47 Liquor Licenses.
8) 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.
9) All signs shall comply with Chapter 17.74 (Sign Regulations for Private
Property) of the Development Code and Uniform Sign Program #11.
10) 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.
PLANNING COMMISSION RESOLUTION NO. 14-10
CONDITIONAL USE PERMIT DRC2013-01025- HK'S BAR AND GRILL
February 12, 2014
Page 4
11) No modifications to the Floor Plan or intensification of the use shall be
permitted without prior review and approval by the Planning
Commission.
12) The applicant shall obtain all necessary permits from the Building and
Safety Services Department and the Rancho Cucamonga Fire
Protection District prior to operation.
13) This application (Conditional Use Permit DRC2013-01025) shall be
brought back to the Planning Commission for review within 6 months of
the date of the approval.
Alcohol Service:
14) The applicant must use an identity card scanner (ID Scanner) anytime
the premises is selling alcoholic beverages and has entertainment as
defined by the Development Code. (Definition of ID Scanner: An ID
Scanner automates and documents the age verification process by
scanning the ID through a card reader). The ID Scanner should record
and timestamp the name, identification number, and date of birth on the
identity card provided by patrons. This information should be recorded
and maintained for a minimum of thirty (30) days. The business will
provide the ID Scanner records to law enforcement upon request.
15) 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 over 21 years of age shall have a unique mark or symbol
applied to the backside of their hand that readily identifies them as a
person who can be served an alcoholic drink.
16) Patrons who appear obviously intoxicated shall not be served any
alcoholic beverages.
17) There shall be no promotions encouraging intoxication or drinking
contests or advertisements indicating "All you can drink for..."or similar
language.
18) There shall be no "stacking" of drinks, i.e., more than one drink at a
time, to a single patron.
19) 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.
20) The sale of alcoholic beverages for consumption off the premises is
strictly prohibited.
21) Employees and contract security personnel shall not consume any
alcoholic beverages during their work shift.
PLANNING COMMISSION RESOLUTION NO. 14-10
CONDITIONAL USE PERMIT DRC2013-01025- HK'S BAR AND GRILL
February 12, 2014
Page 5
22) 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
60 days from date of employment to obtain a L.E.A.D. certification or
equivalent.
23) 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.
24) 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
25). Any patron who (1) fights or challenges another person to fight, (2)
maliciously and willfully disturbs another person by loud or unreasonable
noise, or(3) uses offensive words which are inherently likely to provoke
an immediate violent reaction shall be removed from the premises.
26) 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.
27) Security guards 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.
28) 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 the patio
PLANNING COMMISSION RESOLUTION NO. 14-10
CONDITIONAL USE PERMIT DRC2013-01025- HK'S BAR AND GRILL
February 12, 2014
Page 6
areas. Steps shall be taken by the licensee to discourage unauthorized
exiting.
29) 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.
30) Contract security services 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 a file relating to the security manual.
31) Prior to utilizing a contract security guard company, the establishment
shall verify the security company has a current City of
Rancho Cucamonga business license.
Fire District/Building and Safety Services Department
1) Any proposed Floor Plan, seating, occupancy, and/or furnishing
changes must be submitted to Rancho Cucamonga Fire Protection
District for review and approval. Do not increase the approved occupant
load.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 12TH DAY OF FEBRUARY 2014
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
/ r!Ui4a
Frances Howdyshell, Chairman
ATTEST:
Candyce Burnett, Secretary
PLANNING COMMISSION RESOLUTION NO. 14-10
CONDITIONAL USE PERMIT DRC2013-01025- HKS BAR AND GRILL
February 12, 2014
Page 7
I, Candyce Burnett, Secretary of the Planning Commission for 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 12th day of February by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MUNOZ
ABSTAIN: COMMISSIONERS: NONE
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT#: DRC2013-01025
SUBJECT: CONDITIONAL USE PERMIT
APPLICANT: HK'S BAR AND GRILL
LOCATION: 9740 19TH STREET-APN: 1076-011-10
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. 14-10 or Approval
Letter, 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 Manager hearing.
a) Notice of Exemption - $50 X
1
Project No. DRC2013-01025
Completion Date
B. Time Limits
1. Any approval shall expire if Building Permits are not issued or approved use has not
commenced within 5 years from the date of approval or a time extension has been granted.
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 Manager,
3. Occupancy of the facilities shall not commence until such time as all California 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
Services Department to show compliance. The buildings shall be inspected for compliance
and final acceptance granted prior to occupancy.
4. Revised Site Plans and building elevations incorporating all Conditions of Approval shall be
submitted for Planning Manager 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, Specific Plans and/or
Master Plans in effect at the time of Building Permit issuance.
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