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HomeMy WebLinkAbout08-69 - Resolutions RESOLUTION NO. 08-69 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA: MODIFYING CONDITIONAL USE PERMIT NO. DRC2007-00283 TO ENSURE LOCO CANTINA & GRILL RESTAURANT OPERATES AS A RESTAURANT WITH ENTERTAINMENT AND THE SALES OF DISTILLED SPIRITS AS AN INCIDENTAL USE TO THE PRIMARY RESTAURANT OPERATION, LOCATED IN THE MASI PLAZA CENTER IN THE INDUSTRIAL PARK, (SUBAREA 7) DISTRICT, AT 11815 FOOTHILL BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 0229-011-38. A. Recitals. 1. On December 12, 2000 the Planning Commission of the City of Rancho Cucamonga adopted their Planning Commission Resolution 00-31 approving Conditional Use Permit CUP00-44, known as Felipe's Mexican Restaurant. 2. On July 25, 2008 Planning Commission adopted Resolution 07-43 approving extended hours for that same business location (DRC2007-00283). 3. Following complaints regarding the business operation and the filing of police reports, a duly noticed public hearing was held on July 9, 2008, which was continued to August 27, 2008 and September 10, 2008. 4. Subsequent to the public hearing on September 10, 2008, the Planning Commission determined that another public hearing be scheduled following a 90 day period to re-examine the business operation for compliance with the possibility of modification or revocation of the Conditional Use Permit. 5. On the December 10, 2008 the Planning Commission conducted a duly noticed public hearing for a formal review of business operations at Loco Cantina & Grill. At the hearing Planning Staff testified that Loco Cantina & Grill is now in compliance and is no longer a detriment to the general public health, safety, and welfare. 6. 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 December 10, 2008, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. Conditional Use Permit DRC2007-00283 applies to the business known as Loco Cantina & Grill, located at 11815 Foothill Blvd., Unit E,with street frontage of over a 1,000 feet along PLANNING COMMISSION RESOLUTION NO.08-69 DRC2007-00283 — CONDITIONAL USE PERMIT - LOCO CANTINA & GRILL December 10, 2008 Page 2 Foothill Boulevard, and is presently improved with buildings, parking, and landscape; and b. Loco Cantina & Grill consists of a 2,800 square foot leased space that includes restaurant facilities and a bar, and a 150 square foot dance area. Pursuant to Conditional Use Permit No. DRC2008-00283 and the related Entertainment Permit DRC2008-00284, Loco Cantina& Grill is permitted to serve alcohol and provide entertainment, and is currently open between the hours of 11:00 a.m. to 2:00 a.m. daily; and C. Based upon site visits by Staff, and the review of evidential papers, staff concludes that the nature of the current business now operates as a restaurant use with entertainment as an incidental use to the primary restaurant operation; and d. Planning Commission Resolution No. 07-43 approving the Conditional Use Permit also adopted a condition of approval that stipulates that the business must comply with all applicable City Ordinances and Public Health Codes; and 3. Based upon the substantial evidence presented to the Commission during the above- referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1,2,and 3, the Commission has determined that the prior violations occurred but the business is now in compliance; and 4. Based on the violations identified and in order to ensure future compliance with the conditions of Planning Commission Resolution No. 07-43 the Commission hereby amends the Resolution to include the following conditions noted in bold type and the attached Standard Conditions incorporated herein by this reference: Planning Department: 1) Approval to amend Conditional Use Permit 00-44 is granted to allow new business hours and entertainment (subject to the approval of a separate Entertainment Permit) for the existing full-service restaurant use at 11815 Foothill Boulevard. All remaining conditions of approval for of the abovementioned Conditional Use Permit for the restaurant shall continue to apply. 2) The new business hours for the existing restaurant use shall be 11:00 a.m. to 2:00 a.m. seven days a week. Further changes to these business hours shall require the review and approval of the Planning Commission. 3) Indoor entertainment may be allowed at the restaurant subject to Planning Commission review and approval of a separate Entertainment Permit. Any entertainment for the restaurant use shall be family oriented and clearly incidental to the primary restaurant use. All entertainment activities shall be conducted entirely within the restaurant building. 4) The restaurant shall continue to 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 PLANNING COMMISSION RESOLUTION NO.08-69 DRC2007-00283— CONDITIONAL USE PERMIT - LOCO CANTINA & GRILL December 10, 2008 Page 3 alcoholic beverages be served when full menu items are not offered by the restaurant. No physical expansion of the existing restaurant use shall be allowed without prior City review and approval and amendment of this Conditional Use Permit. 5) 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. 6) The business shall operate in conformance with the performance standards as defined in the Development Code including, but not limited to, noise levels. If the operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit may be reviewed by the Planning Commission for consideration and possible termination of the use. 7) Any modification or intensification of the use beyond what is specifically approved by this Conditional Use Permit and Entertainment Permit shall require review and approval by the Planning Commission. 8) Any modification or expansion of the floor plan which increases dance floor/entertainment area, "standing" area or expansion of the bar area as shown in Exhibit A (attached) shall be brought back to the Commission for review and approval. 9) The restaurant shall remain as a bona fide eating place during the life of the restaurant business as defined by Department of Alcoholic Beverage Control. 10) There shall be no cover charge. 11) Provide uniformed security during the evening hours of entertainment. All security personnel shall dress in a conspicuous security uniform; displaying at all times badge and shoulder patches and shall be licensed by a private, reputable security company. 12) The business during business hours must allow entry and provide restaurant services to all persons, including persons under the age of 21 years, however, the business may deny entry to person under 21 years of age after 9:00 p.m. when live entertainment is offered, and only if the minor is not accompanied by a parent or legal guardian. There shall be no identification checks of patrons at the entrance or upon entering the establishment except during such times when minors may be excluded from the business in accordance with this condition. 13) The business must maintain a suitable kitchen facility, and must be maintained at all times for the purpose of making actual and substantial sales of meals for consumption on the premises. 5. 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.08-69 DRC2007-00283 — CONDITIONAL USE PERMIT - LOCO CANTINA & GRILL December 10, 2008 Page 4 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. 6. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, 4, and 5 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: 7. The Secretary of the Planning Commission of the City of Rancho Cucamonga is hereby directed to certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF DECEMBER 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY:C � Richard Fletcher, Chairman ATTEST: 2- Jo� Jam . Troyer, AICP, Secretary 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 10th day of December 2008, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, STEWART,WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE