HomeMy WebLinkAbout09-34 - Resolutions RESOLUTION NO. 09-34
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA,APPROVING ENTERTAINMENT
PERMIT DRC2009-00275 TO ALLOW LIVE ENTERTAINMENT AND
MODIFY THE BUSINESS HOURS FOR EXISTING OKAWA SUSHI AND
GRILL RESTAURANT WITHIN THE FOOTHILL CROSSING SHOPPING
CENTER IN THE REGIONAL RELATED OFFICE/COMMERCIAL
DISTRICT, LOCATED AT 8158 DAY CREEK BOULEVARD, #100; AND
MAKING FINDINGS IN SUPPORT THEREOF—APN: 0229-021-71.
A. Recitals.
1. Cho Sungkun filed an application to allow live entertainment in conjunction with
Conditional Use Permit DRC2009-00274 as described in the title of this Resolution. Hereinafter, in
this Resolution,the subject Entertainment Permit DRC2009-00275 is referred to as"the application."
2. On the September 9, 2009,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 September 9, 2009, including written and oral staff reports,
together with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to Okawa Sushi and Grill Restaurant located at
8158 Day Creek Boulevard, #100, within the Foothill Crossing Shopping Center with a street
frontage of over 1,000 feet along Foothill Boulevard and Day Creek Boulevard, and which is
presently improved with buildings, parking, and landscaping; and
b. The properties to the north, south, east, and west of the subject site are zoned
Regional Related Office/Commercial (RRO/C) in the Victoria Specific Plan; and
C. The existing restaurant use occupies a lease space of approximately 3,400 square
feet; and
d. The existing restaurant opened at the subject location in 2007. In 2008, the
restaurant owner, Mr. Sungkun, received a license to serve alcoholic beverages (Type 47
ABC License) in conjunction with meals pursuant to the approval of Conditional Use Permit
DRC2008-00025; and
e. The applicant has proposed no exterior changes or expansion of the restaurant
except for minor interior revisions to accommodate the 218 square foot entertainment area; and
PLANNING COMMISSION RESOLUTION NO. 09-34
DRC2009-00274—OKAWA SUSHI AND GRILL RESTAURANT
September 9, 2009
Page 2
f. Okawa Sushi and Grill Restaurant has requested a modification to the existing
conditions of approval to change the business hours from 10:00 a.m.to 11:00 p.m.every dayto new
hours of 11:00 a.m. to 2:00 a.m., 7 days a week (Monday through Sunday) and also to allow live
entertainment at the restaurant 7 days a week, starting at 9 p.m. and ending at 1:30 a.m.
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 to modify conditions of approval 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.
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 modifications to 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 where 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'sdetermination 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 to allow live entertainment and new business hours for the
existing full-service restaurant use at 8158 Day Creek Boulevard. All
remaining conditions of approval for Conditional Use Permit
DRC2009-00274 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. Changes to these
business hours shall require the review and approval of the Planning
Commission.
3) Indoor live entertainment is allowed at the restaurant 7 days a week
from 9 p.m.to 1:30 a.m. 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 establishment.
PLANNING COMMISSION RESOLUTION NO. 09-34
DRC2009-00274—OKAWA SUSHI AND GRILL RESTAURANT
September 9, 2009
Page 3
4) The live entertainment and dancing area is limited to a maximum of
218 square-feet,42 square feet for the stage area and 176 square feet
for the dancing area.
5) The entertainment activities may only occur each night beginning at
9:00 p.m. and ending at 1:30 a.m.
6) Approval is for live music, consisting of an assortment of live bands
and music such as, but not limited to, solo instrumental player and/or
singer, Jazz, Rock and Roll; Rhythm and Blues bands, Karaoke, disc
jockey, comedians, and dancing.
7) At no time will the restaurant owners and/or staff provide or allow any
Heavy Metal, Hip-Hop, or Punk Rock music or entertainment during the
lifetime of the restaurant business.
8) No adult entertainment as defined in Section 17.04.090 of the
Rancho Cucamonga Municipal Code shall be permitted with this
Entertainment Permit.
9) Business owner(s) and its managers will 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.
10) The restaurant shall continue to offer a full menu of food items
prepared 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.
11) The quarterly gross sales of alcoholic beverages shall not exceed the
gross sales of food during the same period. The licensee shall at all
times maintain records which reflect separately the gross sale of food
and the gross sales of alcoholic beverages of the licensed premises.
Said records shall be kept no less frequently than on a quarterly basis
and shall be made available to the State of California, Department
Alcohol Beverage Control on demand.
12) The applicant shall submit an annual Entertainment Renewal Permit
application and fee of $75.00 pursuant to Municipal Code
Section 5.12.115.
13) 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.
14) 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
PLANNING COMMISSION RESOLUTION NO. 09-34
DRC2009-00274—OKAWA SUSHI AND GRILL RESTAURANT
September 9, 2009
Page 4
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.
15) 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.
16) 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 Attachments A and B, shall be brought back to the
Commission for review and approval.
17) The business owners shall insure at all times that the maximum
allowable occupancy load shall not exceed 87 persons.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 9TH DAY OF SEPTEMBER 2009
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: :ntL ���
Richard B. Fletcher, Chairman
ATTEST:
Ja t
s R. Troyer, AICP, Secr tary
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 9th day of September 2009, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: STEWART, WIMBERLY
8158 Day Creek #100 Seat 87 « WE
O Rancho Cucamonga r ENTERTAINMENT54.6 'r
10X15=150
aw.w--� ni.,ia aan
:f
u
C,IOI i. IEIW]NE 5M
I L 103
Kmk
IBLE PAT �I to
J
AJ.tlI \' I
,�•.5 i IEI610RAGE WA W P]R.
Nd
ff
e'
t o ✓j; �0' s
v fA ,•
4 p
sw
� ratio
(7 Mac 1ISERV;OE
REA ..
- . tool
F1I I OS-
-�— r—:
o
i,
I ,
10WOMEN
• I : I
xir•
L
ao
nn D
Attachment A z].g
EXISTING FLOOR PLAN DURING REGULAR RESTAURANT HOURS:
11 :00 AM TO 9:00 PM
a31 21
8158 Day Creek #100 Seat 87
�a Rancho Cucamonga ENTERTAINMENT O
10X15=150
ya•-d"
u
WH
1DI I IE)WINE BAR'
SER
Ila _ {
IBLE PAT.
A3.01 07
T LAB
0 \ \ 3 I IEIn10RAGE RWAAT R JN
1;3 IID
�g r7
o
N
IEICOO[IAE
11071
\ w en ww
` �. IEISERWCE'no
im
`E{
C�
I E�
26ft ENAu
II, I:DI
ve.:mnve.me IEIWOMF
- -Z
I I_ V _
b=t3r=L
24 0' 1 14-6'
Attachment B
FLOOR PLAN DURING ENTERTAINMENT HOURS 9:00 PM TO 1 :30 AM
COMMUNITY DEVELOPMENT
in DEPARTMENT
STANDARD CONDITIONS
PROJECT#: DRC2009-00275
SUBJECT: ENTERTAINMENT PERMIT
APPLICANT: CHO SUNGKUN
LOCATION: 8158 DAY CREEK BOULEVARD, #100 -APN: 0229-021-71
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 maybe 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. 09-34, 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.
3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The
project planner will confirm which fees apply to this project. All checks are to be made payable to
the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to
the Planning Commission or Planning Director hearing:
a) Notice of Exemption -$50 X
B. Site Development
1. Prior to any use of the project site or business activity being commenced thereon,all Conditions
of Approval shall be completed to the satisfaction of the Planning Director.
SC-12-08 1
I:\PLANNINGTINAL\PLNGCOMM\2009 Res&StfRpt\DRC2009-00275StdCond 9-9.doo
Project No. DRC2009-00275
completion Date
2. Approval of this request shall not waive compliance with all sections of the Development Code,all
other applicable City Ordinances, and applicable Community or Specific Plans in effect at the
time of building permit issuance.
C. 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.
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. General Requirements
1. Submit five complete sets of plans including the following:
a. Floor Plan;
E. Existing Structures
1. Upon tenant improvement plan check submittal, additional requirements may be required.
2
1:\PLANNING\FINAL\PLNGC0MM\2009 Res&StfRpt\DRC2009-00275StdCond 9-9.doc