The URL can be used to link to this page

Home My WebLink About09-146 - Resolutions RESOLUTION NO. 09-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICANT'S APPEAL OF THE PLANNING COMMISSION'S REVOCATION OF CONDITIONAL USE PERMIT NO. CUP87-06 FOR THE SERVING OF DISTILLED SPIRITS IN CONJUNCTION WITH A RESTAURANT, LOCATED IN THE NEIGHBORHOOD COMMERCIAL DISTRICT AT 974019TH STREET;AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 1076-011-10. A. Recitals. 1. Pepper's Mexican Restaurant received approval of Conditional Use Permit CUP87-06 on May 13, 1987, as described in the Recitals of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 22nd of October 2008, the Planning Commission of the City of Rancho Cucamonga conducted a public hearing on the application and concluded said hearing on that date, revoking Conditional Use Permit CUP87-06. 3. On the 22nd of October 2008,the Planning Commission Secretary of the City of Rancho Cucamonga issued the determination letter based upon the Planning Commission's revocation of Conditional Use Permit CUP87-06 on October 22, 2008, and informed the applicant of their right to appeal under prescribed procedures. 4. The decision by the Planning Commission on October 22, 2008, in their Resolution No. 08-61, was appealed in a timely manner to the City Council. 5. On the 3rd day of December 2008, the City Council of the City of Rancho Cucamonga conducted a public hearing to review said appeal and the appeal was continued to the 21 st day of January, 2009, as requested by the applicant's attorney. 6. On the 21st day of January 2009, the City Council of the City of Rancho Cucamonga conducted a public hearing to review said appeal and the appeal was continued to the 4th day of March because of a scheduling issue with the City attorney. 7. On the 4th day of March 2009, and continued to the 15th day of July, the City Council of the City of Rancho Cucamonga conducted a public hearing to review said appeal prior to the adoption of this Resolution. 8. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council 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 Council during the above-referenced meeting on March 4, 2009, and July 15, 2009, including written and oral staff reports, this Council hereby specifically finds as follows: a. The application applies to Pepper's Mexican Restaurant, located in the Neighborhood Commercial District at 9740 19th Street; and b. The property to the north of the subject site is the 1-210 Freeway; the properties to the south consist of existing single-family residences; the property to the east is an existing multi-family development; and the property to the west is an existing multi-family development (across Archibald Avenue); and C. The applicant is operating the business in conformance with the approved Conditional Use Permit, including the limitation on when alcoholic beverages may be sold; and d. Police calls-for-service to the business have been reduced to a negligible level; and e. The applicant has removed the high bar tables and bar stools from the dining room and replaced them with dining tables and chairs, which is more in keeping with a restaurant operation; and f. The applicant has paid all delinquent business license fees and has a current business license. 3. Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. That the business is operating in a manner that is consistent with the objectives of the Development Code, and the purposes of the district in which the site is located. b. That the operation of the business together with the conditions applicable thereto, will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity. C. That the business is in compliance with each of the applicable provisions of the Development Code. d. That the location and operation of the business is consistent with the General Plan. 4. Based upon the finding and conclusions set forth in Paragraphs 1, 2, and 3 above, this Council approves the applicant's appeal of the Planning Commission's revocation of Conditional Use Permit 87-06 for the serving of distilled spirits in conjunction with a restaurant, subject to the conditions shown below. Planning Department 1. The serving of alcoholic beverages must be in conjunction with a full-service restaurant and the availability of a full menu. The sale and serving of alcoholic beverages shall cease when the full menu is not available to customers. In no case shall the bar remain open past 11:00 p.m. Resolution No. 09-146— Page 2 of 6 2. New condition parking lot monitoring. 3. Any modification, expansion, or other change in the operation will require a revision of the Conditional Use Permit. 4. The restaurant and bar area shall be operated and maintained in accordance with the Floor Plan as shown as Exhibit B for the Staff Report for CUP87-06R, dated July 15, 2009, hereby referenced in the Conditions of Approval and attached to this resolution. Any changes to the approved Floor Plan shall require prior approval by the Planning Director. 5. The maximum number of video games permitted is 3. Additional video games above 3 will require modification of Conditional Use Permit 87-06. 6. Entertainment Permit EP 89-04 was revoked by the Planning Commission on October 22, 2008, and that decision was upheld by the City Council on March 4, 2009. No entertainment is permitted without prior approval of a new Entertainment Permit. Entertainment requiring an Entertainment Permit includes, but is not limited to, music provided by a disc jockey (DJ) or live entertainment performed by an individual or a group. 7. Signage shall be in conformance with the approved Sign Program for the center (Sign Program No. 11), and the City's Sign Ordinance. Signs shall require review and approval by the Planning Department. Signage shall be limited to the name of the business and may not include the words "Bar" or"Cocktail Lounge." 8. The Conditional Use Permit is granted for an indefinite time period. However, in the event that this causes adverse effects on adjacent businesses or properties, the Commission may consider and/or impose revisions or additions to any of the conditions stated herein. 5. This Council hereby provides notice to Pepper's Mexican Restaurant that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b)forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt required, to Pepper's Mexican Restaurant at the addresses identified in City records. Please see the following page for formal adoption,certification and signatures Resolution No. 09-146 — Page 3 of 6 PASSED, APPROVED, AND ADOPTED this 15�h day of July 2009. AYES: Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: Kurth ABSTAINED: None De nis Michael, Mayor ro-Tem ATTEST: nice C. Reynolds, City Jerk tr I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 15�h day of July 2009. Executed this 16th day of July 2009, at Rancho Cucamonga, California. anice C. Reynolds, C y Clerk Resolution No. 09-146 — Page 4 of 6 1 o ;K ( ble. IT 0 0 Arca- z 0 co Q CD 0 Ix eto GO x p 10 or 4='t, 10 nu Can+ i r � I i � i- —•—lam fJ Y l k X X X. Nt4 ` 1 x r; cr 1 t xc>,i 6 -1,' i Y n f.- QooC x I 1'to n-f' Resolution No. 09-146— Page 6 of 6