The URL can be used to link to this page

Home My WebLink About18-66 - Resolution - Approving Conditional Use Permit, Located In The Industrial Park RESOLUTION NO. 18-66 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT NO. DRC2018-00471, A REQUEST TO MODIFY CONDITIONAL USE PERMIT DRC2011-00457 TO LENGTHEN WEEKEND OPERATIONAL HOURS AND EXPAND THE SALE OF SEALED BEER AND WINE TO TAKEOUT ORDERS AT AN EXISTING RESTAURANT LOCATED IN THE INDUSTRIAL PARK (IP) DISTRICT, INDUSTRIAL COMMERICAL OVERLAY AT 11560 4TH STREET AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0229-411-04 A. Recitals. 1. Golden Property LLC,on behalf of Lazy Dog Restaurants LLC,filed an application for the issuance of Conditional Use Permit No. DRC2018-00471 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 10th day of October 2018, 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 October 10, 2018, including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located within the commercial center located at 11560 4th Street; and b. The property is bound on all sides by commercial development; and c. The zoning of the center and all neighboring properties, with the exception of the property to the south, is Industrial Park(IP)District. The properties to the south are contained within the jurisdiction of the City of Ontario.The southern Ontario properties are designated as Mixed Use by the Ontario General Plan and are further governed by the Ontario Mills Specific Plan. d. The existing shopping center,the Signature Center,was reviewed and approved by the Planning Commission on September 28, 2005 through Design Review DRC2004-01013. The approval was for the development of a 118,470 square foot retail center comprising of five buildings. However, only four out of the five approved buildings were constructed for a combined floor area of approximately 110,650 square feet. On October 12, 2011, the Planning Commission approved PLANNING COMMISSION RESOLUTION NO. 18-66 DRC2018-00471 —GOLDEN PROPERTY, LLC FOR LAZY DOG RESTAURANTS, LLC October 10, 2018 Page 2 Development Review DRC2011-00456 for the construction of a 9,396 square-foot Lazy Dog Restaurant and Conditional Use Permit DRC2011-00457 to allow the on-site consumption of beer, wine, and distilled spirits through a Type 47 (Bona Fide Eating Place) ABC License. e. The Conditional Use Permit which this resolution aims to modify (Related File: DRC2011-004557)was reviewed and approved by the Planning Commission on October 12,2011. The approval was to provide alcoholic beverages for on-site consumption at a proposed restaurant with an overall floor area of 9,396 square feet, which includes 400 square foot bar area and an outdoor dining area of 978 square feet. f. The proposal governed by this resolution has two parts: i. Existing: All sales of beer, wine, and distilled spirits are limited to on-site consumption per Conditional Use Permit DRC2011-00457. Proposed:Allow the sale of sealed beer and wine for off-site consumption in conjunction with the restaurant's take-out orders. All alcohol sold for off-site consumption will be held to the same legal standards as on-site sales determined by the California Alcohol Beverage Control. ii. Existing: Restaurant operating hours are between 11:00 am and 12:00 am (midnight) per Conditional Use Permit DRC2011-00457. Proposed: Extend the restaurant's weekend operating hours for a total addition of 3 morning hours. Proposed Saturday hours are 10:00 am to 12:00 am (midnight). New Sunday hours are 9:00 am to 12:00 am (midnight). Restaurant hours would remain 11:00 am to 12:00 am midnight Monday through Friday. 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 in accordance with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. The project support's the General Plan's goal of creating opportunities for residents and workers to have local access to a full range of retail/entertainment needs in appropriate areas. b. 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. The project is ancillary to the operations of the existing restaurant on- site and is compatible with the existing uses within the shopping center surrounding the project site. c. The proposed use complies with each of the applicable provisions of the Development Code. The project is compatible, and ancillary to the existing restaurant use on-site. Restaurant uses which serve beer and wine are permitted within the Industrial Park (IP) District, Industrial Commercial Overlay. There are no modifications to the existing restaurant that would require, for example, additional parking to be provided. 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 PLANNING COMMISSION RESOLUTION NO. 18-66 DRC2018-00471 — GOLDEN PROPERTY, LLC FOR LAZY DOG RESTAURANTS, LLC October 10, 2018 Page 3 Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301- Existing Facilities because the project involves a negligible expansion of the use existing at the time the exemption was granted. The project does not include any modification of existing structures,facilities, mechanical equipment or topographical features. Likewise,this request does not include the addition of any new structures or mechanical equipment. The proposal only modifies the services that are provided and the hours of operation for the restaurant. Therefore, 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 in the Conditions of Approval, attached hereto and incorporated herein by this reference. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10th DAY OF OCTOBER 2018. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: /2 < 7& Rich Macias, Chairman ATTEST: Candyc.i:urnett, 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 10th day of October 2018, by the following vote-to-wit: AYES: COMMISSIONERS: GUGLIELMO, MACIAS, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Conditions of Approval RANclio Community Development Department UCAMO? GA Project#: DRC2018-00471 Project Name: EDR- Lazy Dog Restaurant Location: 11560 4TH ST-022941104-0000 Project Type: Conditional Use Permit Modification ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 1. The Lazy Dog restaurant employee selling alcohol to customers must be at least 21 years of age or must be supervised during the sale by an employee that is at least 21 years of age. 2. Approval is for the modification of Conditional Use Permit DRC2011-00457 to lengthen weekend operational hours from 11:00 am. to 12:00 a.m. midnight to 10:00 a.m. to 12:00 a.m. midnight Saturdays and 9:00 a.m. to 12:00 a.m. midnight on Sundays. Additionally, the sale of sealed beer and wine to will be expanded to include alcohol sales for takeout orders. 3. With the exception of the Conditions of Approval numbered 5 and 15 in Planning Commission Resolution No. 11-49, all conditions of approval from Planning Commission Resolution No. 11-49 as approved by Conditional use Permit DRC2011-00457 shall remain in full force and effect. 4. Consumption of alcohol outside of designated areas approved by Conditional Use Permit DRC2011-00457 is prohibited. This includes the adjacent parking lot for the restaurant and surrounding shopping center. 5. Any modification or intensification of the approved use, including revisions in the operations of the business including changes to the operating days/hours; change in the location on-site or within the building of the use/activity that is approved by this Conditional Use Permit; improvements including new building construction; and/or other modifications/intensification beyond what is specifically approved by this Conditional Use Permit, shall require the review and approval by the Planning Director prior to submittal of documents for plan check/occupancy, construction, commencement of the activity, and/or issuance of a business license. The Planning Director may determine that modifications or intensifications of use require the submittal of an application to modify this Conditional Use Permit for review by the City. Standard Conditions of Approval 1. Surveillance cameras shall be installed at the exterior of the business, with the intent to capture digital images of subjects entering, exiting, and vehicle and pedestrian traffic approaching the business. The placement and exact number of cameras shall be determined by the Rancho Cucamonga Police Department (San Bernardino County Sheriff) prior to the commencement of the proposed activity. The applicant shall contact the Rancho Cucamonga Police Department for an inspection of the security cameras. www.CityofRC.us Printed:10/15/2018 Project#: DRC2018-00471 Project Name: EDR- Lazy Dog Restaurant Location: 11560 4TH ST- 022941104-0000 Project Type: Conditional Use Permit Modification ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Standard Conditions of Approval 2. This Conditional Use Permit shall be reviewed by the Planning Commission to evaluate the operations of the approved subject use(s) and modifications to verify/determine compliance with this application's Conditions of Approval. The review shall occur 6 months from the date of the adoption of Resolution No. 18-66. During this review, the Planning Commission may consider modifications to the conditions of approval, additional conditions of approval, or revocation of the approval. www.CityofRC.us Printed:10/15/2018 Page 2 of 2