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HomeMy WebLinkAbout15-41 - Resolutions RESOLUTION NO. 15-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT DRC2015-00279, A REQUEST TO EXTEND THE HOURS OF OPERATION OF AN EXISTING RESTAURANT OF ABOUT 5,300 SQUARE FEET IN THE INDUSTRIAL PARK (IP) DISTRICT, INDUSTRIAL COMMERCIAL OVERLAY DISTRICT (ICOD), LOCATED AT 11849 FOOTHILL BOULEVARD, UNIT A;AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0229-012-22. A. Recitals. 1. Leon Fregoso, on behalf of 909 Sports Lounge, filed an application for the issuance of Conditional Use Permit DRC2015-00279 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 27"' day of May, 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 27, 2015 including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a tenant space located within Masi Plaza, a commercial complex of about 1,030,000 square feet(23.6 acres)that is about 1,250 feet(east to west)by about 915 feet (north to south) located at the southwest corner of Foothill Boulevard and Rochester Avenue; and b. The complex is divided by two minor streets, Masi Drive and Sebastian Way, into two (2) parts. The larger, 15-acre part is generally rectangular in shape and is bound by Foothill Boulevard to the north and Rochester Avenue to the east, with the minor streets on the west and south, respectively; and C. The complex is comprised of numerous buildings with a combined floor area of about 267,500 square feet. The specific location of the project site is one of the in-line tenant spaces at 11849 Foothill Boulevard, Unit A, in the largest building that is situated in the center of the complex; and d. To the north of the subject commercial/office complex is a commercial center. To the east is a legally, non-conforming residence and a commercial/office complex. To the south is PLANNING COMMISSION RESOLUTION NO. 15-41 CONDITIONAL USE PERMIT DRC2015-00279- LEON FREGOSO FOR 909 SPORTS LOUNGE May 27, 2015 Page 2 the Epicenter and Adult Sports Complex operated by the City of Rancho Cucamonga. To the west there is a vacant property, an industrial building, and a restaurant; and e. The commercial/office complex is zoned Industrial Park (IP) District, Industrial Commercial Overlay District (ICOD). The properties to the west are zoned Industrial Park (IP) District while the properties to the south are zoned General Industrial (GI) District. The properties to the east are zoned Industrial Park (IP) District and General Commercial (GC) District; and f. The subject location has been the site of two previous restaurants with bars. The first, Bellissimo Pizza and Pasta,was granted the approval to operate under Conditional Use Permit DRC2002-00785 on October 22, 2002. Following the closing of that restaurant in 2009, the entitlement to operate expired. The second restaurant, Tropica Restaurant and Bar was granted a new approval to operate under Conditional Use Permit DRC2011-00673 on September 27, 2011. The business license for Tropica Restaurant and Bar expired on November 27, 2012 and the tenant space was verified as vacant during an inspection by the Business License Department on April 18, 2013. In August of 2013, 909 Pub and Grill opened for business operating as a restaurant with a bar under Conditional Use Permit DRC2011-00673. Per Section 17.14.090 (D) of the Development Code, all permits and entitlements expire when a business is closed for more than one calendar year. 909 Sports Lounge's business license to operate the restaurant with the bar was approved within this one-year timeframe in August 2013 following receipt of confirmation that 909 Sports Lounge would comply with the conditions of approval for the existing Conditional Use Permit DRC2011-00673 and described in Resolution No. 11-18; and g. The floor plan that was originally approved under Conditional Use Permit DRC2011-00673 was revised to meet the current applicant's business plan but is substantially similar. The principal dining area is located near the front of the restaurant while the bar and associated seating/service and stage areas are located in the middle of the restaurant. Some seating is removed during entertainment hours in order to provide space for a dance floor next to the stage. An office, the kitchen, and restrooms comprise the remainder of the restaurant's floor area. The floor plan of the restaurant will not be altered by the modification of hours of operation; and h. The restaurant serves a full menu of items, i.e.the menu includes a variety of food that is typical of a full-service restaurant; and i. There are eight (8) to (10) employees per shift. This number does not include the security guards; and j. The operating hours of the restaurant and bar are currently between 11:00 a.m. and 12:00 a.m. (midnight) Monday through Thursday and between 11:00 a.m. and 1:00 a.m. Friday through Sunday. The hours of operation that include live entertainment are currently between 8:00 p.m. and 12:00 a.m. on Thursday, between 8:00 p.m. and 1:00 a.m. Friday and Saturday, and between 11:00 a.m. and 1:00 a.m. on Sunday. k. The proposed hours of operation are between 10:00 a.m. and 2:00 a.m. Monday through Sunday and the proposed hours of live entertainment are between 11:00 a.m. and 2:00 a.m. on Sundays and 8:00 p.m. and 2:00 a.m. Thursday through Saturday; and PLANNING COMMISSION RESOLUTION NO. 15-41 CONDITIONAL USE PERMIT DRC2015-00279- LEON FREGOSO FOR 909 SPORTS LOUNGE May 27, 2015 Page 3 I. There are two (2) licensed security guards on the premises when live music is performed. One of these security guards is posted outside of the restaurant to monitor activity in the parking lot and general vicinity. The applicant received approval of a security plan that describes the procedures for the use of force, incident report writing, firearms/weapons, and the uniforms for security staff, door policy, and security rules. The San Bernardino Sheriffs Department reviewed this plan and the security plan was approved under Entertainment Permit DRC2013-00563; and m. The San Bernardino County Sheriffs Department has reviewed the application and does not object to the expansion of the hours of operation. The San Bernardino County Sheriffs Department informed staff that since Deputies conducted their site visit in March of 2014, 909 Sports Lounge has had calls for service but the amount of calls has not been excessive and the calls were minor in nature. The San Bernardino County Sheriffs Department has no new conditions of approval and the conditions of approval described within Conditional Use Permit DRC2011-00673 (Resolution 11-18)and Entertainment Permit DRC2013-00563(Resolution 13-53)still apply and are listed in both draft resolutions; 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: 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 and standards. The Development code allows for this existing use as it is a commercial use that provides competition for like businesses and options for residents. Extending the hours of operation will not impact the applicability of any provisions; and 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 business is an existing commercial use located in an existing commercial development and contains adequate site access, parking and utilities; and C. The granting of the permit will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity since the use is compatible with surrounding land uses and extending the hours of operation will not impact the like uses in the commercial development. Furthermore,the applicant submitted a Business Plan with the originally approved applications (EP DRC2013-00563 and CUP DRC2011-00673) that include a Security Plan, which was reviewed and accepted by the San Bernardino County Sherrif's Department. The San Bernardino County Sherriffs Department has observed the business and has found the business to be operating in a good manner and in conformance with the approved security plan.All uses during the hours of operation will be conducted within the building,which will,therefore, not impact parking, on-site circulation or surrounding land uses; and 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 PLANNING COMMISSION RESOLUTION NO. 15-41 CONDITIONAL USE PERMIT DRC2015-00279—LEON FREGOSO FOR 909 SPORTS LOUNGE May 27, 2015 Page 4 negligible or no expansion of use beyond that existing at the time of the lead agency's original determination. The project is to extend the hours of operation; no expansion or significant change to the existing tenant space is proposed. 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 for the modification of the hours of operation within an existing restaurant of about 5,300 square feet in the Industrial Park(IP) District, Industrial Commercial Overlay District([COD), located at 11849 Foothill Boulevard, Unit A; APN: 0229-012-22. 2) The site and interior of the building shall be as consistent with the plans received by the City on March 12, 2015 and as shown in the Floor Plan as Exhibit D in the Staff Report for DRC2013-00563, dated November 13, 2013, and as attached to Resolution 13-53 as Attachment A, and hereby referenced in the Conditions of Approval. Any revisions shall be subject to the review and approval of the Planning Director and/or Planning Commission. 3) Any modification or intensification of the use such as a revision to the days and hours of operation, and/or other modifications/intensification beyond what is specifically approved by this Conditional Use Permit shall require the review and approval by the Planning Manager and/or Planning Commission prior to submittal of documents for plan check/occupancy, construction, commencement of the activity, and/or issuance of a Business License. 4) The restaurant's hours of operation are limited to between 10:00 a.m. and 2:00 a.m. Sunday through Saturday.The hours of live entertainment shall be limited to between 8:00 p.m. and 2:00 a.m. Thursday through Saturday, and between 11:00 a.m. and 2:00 a.m. on Sunday. Any revisions shall be subject to the review and approval of the Planning Director and/or Planning Commission. 5) Adult entertainment, as defined in Section 17.128.020 of the Development Code, is not permitted. 6) All entertainment activity shall be conducted inside the building. 7) While entertainment is being conducted all doors and windows shall remain closed for noise attenuation purposes. PLANNING COMMISSION RESOLUTION NO. 15-41 CONDITIONAL USE PERMIT DRC2015-00279—LEON FREGOSO FOR 909 SPORTS LOUNGE May 27, 2015 Page 5 8) 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). 9) 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. 10) If operation of this Conditional Use Permit causes adverse effects upon adjacent residences, businesses,or operations including, but not limited to noise, loitering, parking, or disturbances, the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible suspension or revocation of the permit. 11) 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. 12) All signs shall comply with Chapter 17.74 (Sign Regulations for Private Property) of the Development Code and Uniform Sign Program #125. 13) 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. 14) There shall be no flashing lights, disco lights, or similar lighting during the hours of entertainment that prevents the ability to clearly distinguish and identify patrons, security personnel, or other individuals in the restaurant in order to ensure the safety of patrons. 15) All conditions of approval for Conditional Use Permit DRC2011-00673 shall apply. Police Department 1) A minimum of eight (8) surveillance cameras shall be installed in the premises as follows: two (2) at the bar area (one on each end); two (2) in the primary dining areas; two (2) at the VIP bottle service areas; one (1) at the front door; and one (1) at the stage. 2) The video recordings shall be of nothing less than NTSC 4SIF with a minimum of 704X480 resolution. A minimum of 30 days surveillance video shall be kept. PLANNING COMMISSION RESOLUTION NO. 15-41 CONDITIONAL USE PERMIT DRC2015-00279- LEON FREGOSO FOR 909 SPORTS LOUNGE May 27, 2015 Page 6 3) The uniform of the security guards shall have the word "Security"clearly visible on it. 4) All managers, bartenders, and servers shall complete the Licensee Education on Alcohol and Drugs (LEAD) Program offered by the California Department of Alcohol Beverage Control within 30 days of being hired. Fire District/Building & Safety 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 27TH DAY OF MAY 2015 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Ravenel Wimberly, Chairman ATTEST: Can c Burnett, Secretary I, Candyce Burnett, 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 27th day of May by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, 'MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE