HomeMy WebLinkAbout07-54 - Resolutions RESOLUTION NO. 07- 54
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING NON-CONSTRUCTION
CONDITIONAL USE PERMIT DRC2007-00488 TO ALLOW A FULL-SERVICE
RESTAURANT WITH A FULL BAR (NO ENTERTAINMENT) IN THE
COMMUNITY COMMERCIAL (CC) DISTRICT, FOOTHILL BOULEVARD
DISTRICTS (SUBAREA 3), LOCATED AT 9950 FOOTHILL BOULEVARD; AND
MAKING FINDINGS IN SUPPORT THEREOF—APN: 1077-621-34.
A. Recitals.
1. Franz Guardia, owner of Senor Agave Mexican Restaurant at the above location, filed an
application for Non-Construction Conditional Use Permit DRC2007-00488 as described in the title of this
Resolution. Hereinafter, in this Resolution, the subject Conditional Use Permit is referred to as 'the
application."
2. A Conditional Use Permit 88-45 was originally approved for the subject site in 1988, allowing the
full service restaurant (Siam Garden Restaurant) with alcoholic beverages (Planning Commission
Resolutions 88-242 and 88-242A); and
3. In 1996, the restaurant use was sold to a new owner who operated a nightclub/restaurant use at
the location initially under the name Margaritaville, then later in 2004 as Margarita Beach; and
4. On February 15, 2006, City Council, after an intensive investigation of the operational impacts of
the Margarita Beach business, adopted a new set of conditions of approval (Resolution No. 06-052)that
were designed to specifically address identified impacts of the nightclub/restaurant business, including the
requirement for security guards; and
5. In February 2007, Margarita Beach permanently closed its business at the subject location; and
6. The Senor Agave Mexican Restaurant opened for business in the same location in August of
2007, and the owner submitted an application requesting approval of a new Conditional Use Permit to
establish a new set of conditions to govern the operation of a bona fide restaurant use and allow the
service of alcoholic beverages at the subject location; and
7. The applicant has submitted an application with the Department of Alcoholic and Beverage
Control (ABC) to re-establish a Type 47 liquor license at the subject site to allow the service of alcoholic
beverages in conjunction with meals; and
8. On the 12th day of September 2007, 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.
9. 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, PartA, of
this Resolution are true and correct.
PLANNING COMMISSION RESOLUTION NO. 07- 54
DRC2007-00488 — SENOR AGAVE MEXICAN RESTAURANT
September 12, 2007
Page 2
2. Based upon the substantial evidence presented to this Commission during the
above-referenced public hearing on September 12,2007, including written and oral staff reports,together
with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to Senor Agave Mexican Restaurant located at
9950 Foothill Boulevard, within an existing commercial center that has a street frontage of 632 feet and lot
depth of 278 feet; and
b. The property to the north of the subject site consists of apartments, the property to the
south of the site consists of a mobile home park, the property to the east is a restaurant building, and the
property to the west is a gas station; and
C. The existing restaurant use occupies an existing lease space of approximately
3,260 square feet (no outdoor dining area) that was previously used for a restaurant; and
d. The applicant proposes no exterior changes or expansion of the restaurant facility, except
for minor interior revisions to accommodate a full service restaurant; and
e. The proposed hours of operation for the restaurant are 7:00 a.m.to 11:00 p.m., Monday
through Sunday; 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 request for a Conditional Use Permit to allow the service of alcoholic
beverages with meals is in accord with the General Plan, the objectives of the Development Code,and the
purposes of the district in which the site is located; and.
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;
and
C. The application, which contemplates the operations of the existing restaurant use,
complies with each of the applicable provisions of the Development Code.
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 the Class 1 exemption under State CEQA Guidelines Section 15301.(e).(2)
because the project is in an area were all public services and facilities are allowed for maximum
development which is permissible per the General Plan. In addition,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, the
Planning 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 of Conditional Use Permit DRC2007-00488 is granted for the sale
and service of alcoholic beverages (beer, wine, and distilled spirits) for
PLANNING COMMISSION RESOLUTION NO. 07- 54
DRC2007-00488— SENOR AGAVE MEXICAN RESTAURANT
September 12, 2007
Page 3
on-site consumption in conjunction with a bona fide full-service restaurant.
Whenever alcoholic beverages are served, the restaurant shall offer a
menu with an assortment of food items commonly ordered during various
hours of the day at all times. The sale and service of alcoholic beverages
shall not begin before and/or extend beyond the approved business hours
for the restaurant.
2) Conditional Use Permit DRC2007-00488 shall hereby replace and
supersede all previous CUP and Entertainment Permits issued for the
subject site.The business shall operate in conformance with the conditions
of this approval and performance standards as defined in the Development
Code including, but not limited to, noise levels. If the operation of the
restaurant causes adverse effects upon adjacent businesses and/or
residences the Conditional Use Permit may be reviewed by the Planning
Commission for consideration and a possible revocation of the Conditional
Use Permit and termination of the use.
3) The restaurant shall offer a full menu of food items cooked on the premises
and served during all hours that alcoholic beverages are made available for
purchase and consumption. At no time shall alcoholic beverages be served
when full menu items are not offered by the restaurant.
4) No alcoholic beverages of any kind shall be served without an approved
Type 41 or Type 47 liquor license as issued by the Department of Beverage
Control (ABC). The applicant shall at all times comply fully with all
applicable regulations of the Department of Alcoholic and Beverage Control
(ABC) including, but not limited to, those provisions regarding attire and
conduct.
5) All business activities shall be conducted inside the building. Any change,
modification or intensification of the restaurant use beyond that as
described in the staff report, and as specifically approved by this
Conditional Use Permit, shall require review and approval by the Planning
Commission.
6) Approved business hours for the restaurant shall be 7:00 a.m. to 11:00
p.m., Monday through Sunday; Changes to these business hours shall
require the review and approval of the Planning Commission.
7) No live entertainment(e.g., DJ, live bands, dancing, etc.)as defined by the
Rancho Cucamonga Municipal Code shall be allowed with out City review
and approval of an Entertainment Permit. Any future request for
entertainment for the restaurant use shall be family oriented and clearly
incidental to the primary restaurant use.
8) No physical expansion of the existing restaurant use shall be allowed
without prior City review and approval and amendment of this Conditional
Use Permit.
9) Customers shall be encouraged to use the parking lot area at the front
(south)entrance/exit of the business. The use of the rear(north)parking lot
shall be limited to employees only.
PLANNING COMMISSION RESOLUTION NO. 07- 54
DRC2007-00488 — SENOR AGAVE MEXICAN RESTAURANT
September 12, 2007
Page 4
10) Approval of this request shall not waive compliance with any sections of the
Development Code, State Fire Marshal's regulations, Uniform Building Code,
Health Code, or any other City Ordinances.
11) The applicant shall comply with the requirement to obtain a New Assembly
Use Permit for the restaurant from the Rancho Cucamonga Fire District.
Contact the Fire Marshall at 909-477-2770, ext. 3011 for further information
on the requirements to obtain the above permit.
12) The applicant shall contact the Building and Safety Department,
(909) 477-2710 to obtain required permits for interior improvements requiring
a Building Permit.
13) The use of search lights or flashing or otherwise light-animated signs which
contain or are illuminated by flashing or moving lights or lights which are
intermittently on and off, change in intensity, or which create the illusion of
flashing in any manner, shall not be permitted.
14) The applicant shall be responsible for the clean up and general maintenance
of the areas in front and behind the lease space and in any and all parking lot
areas occupied by its patrons. All collected trash and debris shall be properly
disposed in the trash receptacles located on the site.
15) Approval of this request shall not waive compliance with all sections of the
Foothill Boulevard Districts, all applicable City Ordinances, Foothill Fire
District requirements, Labor Codes, and Public Health codes.
16) All signage, including window signs, shall be in conformance with the
Comprehensive Sign Ordinance of the City of Rancho Cucamonga.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 12TH DAY OF SEPTEMBER 2007
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Richard Fletcher, Vice Chairman
ATTEST: g-
Jamej R. Troyer, AICP, ecret ry
I, James R. Troyer, AICP, 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 12th day of September 2007, by the following vote-to-wit:
PLANNING COMMISSION RESOLUTION NO. 07- 54
DRC2007-00488 — SENOR AGAVE MEXICAN RESTAURANT
September 12, 2007
Page 5
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: STEWART
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT #: DRC2007-00488
CONDITIONAL USE PERMIT TO OPERATE BONA FIDE RESTAURANT USE AND ALLOW THE
SUBJECT: SERVICE OF ALCOHOLIC BEVERAGES
APPLICANT: FRANZ GUARDIA FOR SENOR AGAVE MEXICAN RESTAURANT
LOCATION: 9950 FOOTHILL BOULEVARD -APN: 1077-621-34.
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. 07-54, 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.
B. Shopping Centers
1. Graffiti shall be removed within 72 hours.
2. The entire site shall be kept free from trash and debris at all times and in no event shall trash and
debris remain for more than 24 hours.
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Project No.DRC2007-00488
Completion Date
C. Environmental
1. Noise levels shall be monitored after construction to verify the adequacy of the mitigation
measures. Noise levels shall be monitored by actual noise level readings taken on-and off-site.
A final acoustical report shall be submitted for Planning Director review and approval priorto final
occupancy release. The final report shall also make recommendations as to additional mitigation
measures to reduce noise levels to below City standards, such as, residential exterior noise
levels to below 60 dBA and interior noise attenuation to below 45 dBA.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S)
D. Existing Structures
1. Upon tenant improvement plan check submittal, additional requirements may be required.
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