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Home My WebLink About15-30 - Resolutions RESOLUTION NO. 15-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT (MODIFICATION) DRC2015-00227, A REQUEST TO MODIFY CONDITIONAL USE PERMIT 87-06 AND CONDITIONAL USE PERMIT (MODIFICATION) DRC2013-01025 TO INCREASE THE FLOOR AREA BY 1,200 SQUARE FEET FOR A RESTAURANT WITH A BAR WITHIN THE NEIGHBORHOOD COMMERCIAL (NC) DEVELOPMENT DISTRICT, LOCATED AT 974019TH 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 (Modification) DRC2015-00227 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 13th day of May, 2015, the Planning Commission of the City of Rancho Cucamonga conducted a 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 May 13, 2015, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a 4,900 square foot in-line tenant space (originally approved 3,700 square foot tenant space along with the 1,200 square foot expansion area)within a commercial center with 21 other tenants including the tenant 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 purchased Pepper's Restaurant on April 18, 2013 and changed the name to HK's Bar and Grill. The Planning Commission approved Conditional Use Permit PLANNING COMMISSION RESOLUTION NO. 15-30 CONDITIONAL USE PERMIT DRC2015-00227 - HK'S BAR AND GRILL May 13, 2015 Page 2 (Modification) DRC2013-01025 and Entertainment Permit DRC2013-01027 on February 12, 2014. Conditional Use Permit (Modification) DRC2013-01025 established a new set of Conditions of Approval for the operation of the business and modified the closing time approved by CUP 87-06 from 11:00 p.m. to 12:00 a.m., Sunday through Wednesday and from 11:00 p.m. to 2:00 a.m., Thursday through Saturday. The entitlement also modified the closing time on select holidays to close at 2:00 a.m., as outlined in Resolution of Approval 14-10. Entertainment is approved from 6:00 p.m. to 11:30 p.m. Sunday through Wednesday and from 6:00 p.m. to 1:00 a.m. Thursday through Saturday. The approved floor plan includes 100 seats and a 170 square foot dance floor. The current Rancho Cucamonga Fire Department (RCFPD) occupancy rating for the business is 128 persons; and d. The applicant proposes expanding the floor area of the restaurant by 1,200 square feet in order to move the existing stage area away from front entrance and to increase the seating area (Attachment A to this Resolution). The floor plan changes will improve the flow of the restaurant by eliminating the necessity of having to navigate around the stage when entering the restaurant. The changes will increase the seating capacity by 40 seats for a total capacity of 140 seats. The additional floor area increases the RCFPD occupancy rating by 80 persons for a total occupancy rating of 208 persons. The applicant does not propose changing the operating hours or the times at which entertainment is provided; and e. HK's Bar and Grill operates a full-service restaurant serving lunch and dinner. The bar and grill will have,with the proposed expansion, approximately 25 employees with 12 employees working on the largest shift. The additional floor area will also necessitate one additional security guard to monitor the second entrance when entertainment is provided; and f. The commercial center in which the site is located was developed with 64,610 square feet of lease area and 319 parking spaces. The required parking was calculated at 4.5 parking spaces per 1,000 square feet of gross tenant space, which translates into a parking requirement of 348 parking spaces. The center has a 29 parking space deficit and is considered legal nonconforming with the current parking requirements of the Development Code. The applicant's tenant space has continually been operated as a restaurant since 1987 and is the busiest in the evenings when many of the neighboring office uses are closed. For this reason, staff concludes that continuing the existing use will not negatively impact the other tenants in the center. 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. The operation of a bar in conjunction with a restaurant is a permitted use 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. The commercial center in which the site is located was designed for a wide variety of commercial uses including restaurants with bars. PLANNING COMMISSION RESOLUTION NO. 15-30 CONDITIONAL USE PERMIT DRC2015-000227- HK'S BAR AND GRILL May 13, 2015 Page 3 C. Granting the application would not be detrimental to the public, health, safety, morals, or welfare. The applicant submitted a Business Plan with the originally approved applications (CUP DRC2013-01025 and EP (DRC2013-01027)that included a Security Plan,which was reviewed and accepted by the Rancho Cucamonga Sherriffs Department. The Sherriffs Department visited the site and found the business to be operating in a good manner and in conformance with the approved Security Plan. 4. Prior to any action being taken on this entitlement, the Planning Department Staff 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 - 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 scope of the project includes increasing the floor area of an existing restaurant by 1,200 square feet by expanding the business into the adjacent tenant space. 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 Department 1) Approval is to expand the floor area of an existing restaurant with bar by 1,200 square feet for total floor area of 4,900 square feet as shown on Attachment A to this Resolution incorporated herein for a site located 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 Director or Planning Commission. 3) All Conditions of Approval for Conditional Use Permit DRC2013-01025 and Entertainment Permit DRC2013-01027 shall apply. 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. 2) The expansion of the business into the neighboring tenant space requires prior approval of a Change of Occupancy through the Building Department. PLANNING COMMISSION RESOLUTION NO. 15-30 CONDITIONAL USE PERMIT DRC2015-000227 - HK'S BAR AND GRILL May 13, 2015 Page 4 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF MAY 2015 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Ravenel Wimberly, Chairman ATTEST: Oj &� Candyc Burnett, Secretary 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 13th day of May by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MUNOZ ABSTAIN: COMMISSIONERS: NONE D :30:48 PM rF NIC HDW oCNER RM EXIST 0 E OFFICE --. 1T O s ICE o %E.^ Ny nPDNR �./ c� Ov ® Cl 8" of I nROWP roomn WnAEX:SaT 6ML COO D a NEWEw§�= N.R.R _ J J _ E.ETEry a IS—E. 5F nm b 19 19 MI 31 33 }J N 25 lz V V VVV VVV l^VV[V^J o IO RATI.R oJwcE c ❑ EP ryT TENPNT a 3 [x 5E[TING-35 n�F HC v om g _ Doo 000aoa ° 'y F 0 HF ' rtll.u[wx SEATING 16 cil EX PRnWR IC� Na NRDw 0 Wwl IxIfY4 m� Ix�WpxN 1� I1 IN EXIT N IO I C..E.F...T.. E M Cu.. v �- Conditions of Approval S 110 CUr,I0 A Community Development Department Project#: DRC2015-00227 DRC2015-00228 Project Name: HK's Bar and Grill Expansion Location: 9740 19TH ST- 107601110-0000 Project Type: Conditional Use Permit Modification Entertainment Permit Modification ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Planning Department Standard Conditions of Approval 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 or Approval Letter, Conditions of Approval, 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 California Department of Fish and Wildlife Notice of Exemption fee in the amount of $50.00. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing or within 5 days of the date of project approval. 4. 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. Building and Safety Services Department Standard Conditions of Approval 1. All exit components must comply with the requirements of CBC (adjoining rooms, rated corridors, door swings, separation of exits, etc.). 2. The plans shall be designed incompliance with CBC regarding mixed occupancy ratio and the Green Building Standard Code. 3. Due to the scope of the project, an Occupancy Change review is required. Submit plans to the Building and Safety Services Department to determine compliance for the proposed use. 4. Provide compliance with the Current Edition of California Building Code (CBC) for the property line clearances considering use, area, and fire-resistive rating of existing buildings. 5. Finish materials must comply with flame spread smoke devlopment regulations of the CBC Chapter 8 6. The Building and Safety Services Department requires that change of occupancy plans be prepared by professional architect licensed in California. 7. Provide required restroom facilities per the CBC. Pnnted 4/30/2015 `M`/w.CityofRC.us Project#: DRC2015-00227 DRC2015-00228 Project Name: HK's Bar and Grill Expansion Location: 9740 19TH ST- 107601110-0000 Project Type: Conditional Use Permit Modification Entertainment Permit Modification ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Building and Safety Services Department Standard Conditions of Approval 8. The facility must meet the State of California's Energy Standard regulations applicable to the new occupancy. 9. Upon tenant improvement and/or change of occupancy plans review, additional analysis may be required. www Ci ofRC.us Prmtetl:413012015 tY Page 2 of 2