HomeMy WebLinkAbout10-24 - Resolutions RESOLUTION NO. 10-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE
PERMIT NO. DRC2010-00188, A REQUEST TO MODIFY CONDITIONAL
USE PERMIT CUP00-03 INCLUDING MODIFICATIONS TO THE FLOOR
PLAN AND HOURS OF OPERATION FOR AN EXISTING 4,368 SQUARE
FOOT FULL SERVICE RESTAURANT AND BAR INCLUDING A 377
SQUARE FOOT OUTDOOR PATIO LOCATED NORTH OF THE 210
FREEWAY AND SOUTH OF LEMON AVENUE WITHIN THE
NEIGHBORHOOD COMMERCIAL DISTRICT AT 6321 HAVEN AVENUE—
APN 0201-272-06; AND MAKING FINDINGS IN SUPPORT THEREOF
A. Recitals.
1. Charles Joseph Associates, on behalf of the owner Stacey Wendler, filed an application
for the issuance of Conditional Use Permit No. DRC2010-00188, 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 23rd day of June, 2010, 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 June 23, 2010, including written and oral staff reports, together with
public testimony, this Commission hereby specifically finds as follows:
a. The application applies to property located at 6321 Haven Avenue with a street
frontage of approximately 975 feet and lot depth of approximately 615 feet and which is presently
improved with an existing shopping center consisting of pad buildings, inline tenant buildings,
parking areas, and landscaping; and
b. The property to the north of the subject site is an existing single-family subdivision
in the Low Residential zoning district, the property to the south consists of the 210 Freeway, the
property to the east is an existing condominium complex in the Medium High Residential zoning
district, and the property to the west is an existing shopping center in the Neighborhood Commercial
District; and
C. The subject site has a General Plan land use designation of Neighborhood
PLANNING COMMISSION RESOLUTION NO. 10-24
DRC2010-00188
June 23, 2010
Page 2
Commercial. The proposed use is in accordance with General Plan Police LU-1.3 which
encourages commercial centers to provide a broad range of retail and service needs for the
community. With the modifications to the floor plan of the restaurant including the applicable
conditions, the restaurant can expand its services and attract a wider range of residents to the
shopping center; and
d. The proposed use will not be detrimental to the public health, safety, or welfare or
materially injurious to properties or improvements in the vicinity as conditions have been imposed to
ensure the proper service of alcohol to patrons, and the building complies with all applicable Fire
and Building Codes; and
e. The proposed use complies with each applicable provision of the Development
Code as the use occupies an existing building that is in conformance with the Development Code as
it relates to parking, setbacks, height, etc., and sufficient conditions have been imposed to ensure
that the use will comply with the Performance Standards set forth in Section 17.10.050 of the
Development Code and will not create adverse impacts upon adjacent uses.
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 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.
C. The proposed 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
Section15301-Existing Facilities because the project does not result in any new construction, only
the modification of the hours of operations and interior floor plan for an existing restaurant. 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 staffs 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
below and in the Standard Conditions, attached hereto and incorporated herein by this reference.
Planning Deoartment
1) Approval is hereby granted for the modification of Conditional Use
Permit CUP00-03 including modifications to the floor plan and hours of
PLANNING COMMISSION RESOLUTION NO. 10-24
DRC2010-00188
June 23, 2010
Page 3
operation for an existing 4,368 square foot full service restaurant and
bar including a 377 square foot outdoor patio located north of the 210
Freeway and south of Lemon Avenue within the Neighborhood
Commercial District at 6321 Haven Avenue—APN 0201-272-06.
2) The days and hours of operation shall be limited to Sunday through
Wednesday between 9:00 a.m. to 12:00 a.m., Thursday between
9:00 a.m. to 1:00 a.m., and Friday and Saturday between 9:00 a.m. to
2:00 a.m.
3) The days and hours of operation shall be permitted to extend to
2:00 a.m. for the following holidays: New Year's Eve, Labor Day,
Memorial Day, and Saint Patrick's Day.
4) The sale and consumption of alcohol shall cease no less than thirty
(30) minutes before the closing times as indicated in Condition #2.
5) 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.
6) Conditional Use Permit approval shall expire if building permits are not
issued or approved use has not commenced within 5 years from the
date of approval. No extensions are allowed.
7) No modifications to the floor plan or intensification of the use shall be
permitted without prior review and approval by the Planning
Commission.
8) Approval of this request shall not waive compliance with all sections of
the Development Code and all other applicable City Ordinances in
effect at the time of building permit issuance.
Alcohol Service:
9) Applicant must use an identity card scanner (ID Scanner) anytime the
premises is selling alcoholic beverages, and has entertainment as
defined by Section 5.12 of the Municipal Code. (Definition of ID
Scanner:An ID Scanner automates and documents the age verification
process by scanning the ID through a card reader). The ID Scanner
should record and timestamp the name, identification number and date
of birth on the identity card provided by patrons. This information
should be recorded and maintained for a minimum of thirty (30) days.
PLANNING COMMISSION RESOLUTION NO. 10-24
DRC2010-00188
June 23, 2010
Page 4
The business will provide the ID Scanner records to law enforcement
upon request.
10) If persons under 21 years of age are allowed on the premises after
midnight, the licensee(s) must utilize separate types of glassware to
distinguish alcoholic drinks from non-alcoholic drinks. Additionally,
persons over 21 years of age shall have a unique mark or symbol
applied to the backside their hand that readily identifies them as a
person who can be served an alcoholic drink.
11) Patrons who appear obviously intoxicated shall not be served any
alcoholic beverages.
12) There shall be no promotions encouraging intoxication or drinking
contests or advertisements indicating "Buy one drink, get one free,"
"Two for the price of one," or "All you can drink for ..." or similar
language.
13) There shall be no "stacking" of drinks, i.e., more than one drink at a
time, to a single patron.
14) Except for wine bottles, oversized containers or pitchers containing in
excess of 25 ounces of an alcoholic drink shall not be sold to a single
patron for their sole consumption.
15) The sale of alcoholic beverages for consumption off the premises is
strictly prohibited.
16) Employees and contract security personnel shall not consume any
alcoholic beverages during their work shift.
17) A file containing the names and dates of employment of every person
serving alcoholic beverages for consumption by patrons on the
licensed premises, and every manager, shall be kept on the premises.
The file shall also include a copy of each person's certificate of
completion of the Department of Alcohol Beverage Control L.E.A.D.
course (Licensee Education on Alcohol and Drugs) or equivalent.
Upon request, said file shall be made available for review to
representative of the City of Rancho Cucamonga Police Department.
New employees will have 90 days from date of employment to obtain
L.E.A.D. certification or equivalent.
18) There shall be a Designated Driver Program wherein there is an
incentive to the person not drinking alcoholic beverages, who is in a
group of three or more, to be the designated driver for that group of
patrons.
19) There shall be a taxi-ride program where the establishment will offer to
call a taxi for patrons when it seems appropriate. Phone numbers of
local taxi companies shall be posted for viewing by patrons.
PLANNING COMMISSION RESOLUTION NO. 10-24
DRC2010-00188
June 23, 2010
Page 5
Security Issues:
20) Except in case of emergency, the licensee shall not permit its patrons
to enter or exit the licensed premises through any entrance/exit other
than the primary entrance/exit, excluding entrances/exits from patio
areas. Steps shall be taken by the licensee to discourage
unauthorized exiting.
21) Any patron who (1) fights or challenges another person to fight, (2)
maliciously and willfully disturbs another person by loud or unreasoned
noise, or(3) uses offensive words which are inherently likely to provoke
an immediate violent reaction shall be removed from the premises.
22) An incident log shall be maintained at the licensed premises on a
continual basis with at least one year of entries and be readily available
for inspection by a police officer. The log is for recording any physical
altercations, injuries, and objectionable conditions that constitute a
nuisance occurring in, on, or at the licensed premises, including the
immediately adjacent area that is owned, leased, or rented by the
licensee. The log will indicate date, time, description of incident, and
action taken. "Objectionable conditions that constitute a nuisance"
means disturbance of the peace, public drunkenness, drinking in
public, harassment of passersby, gambling, prostitution, loitering,
public urination, lewd conduct,drug trafficking, or excessive loud noise.
23) Security personnel required by the Entertainment Permit issued for the
licensed premises shall be in a uniform or clothing which is readily
identifiable as a security person. They shall maintain order and
enforce the establishment's no loitering policy, and shall take
"reasonable steps' (as that term is defined in subparagraph (3) of
Section 24200 of the California Business and Professions Code) to
correct objectionable conditions that constitute a nuisance.
24) The owner or manager of the licensed premises shall maintain on the
premises a written security policy and procedures manual addressing
at a minimum the following items: Handling obviously intoxicated
persons; establishing a reasonable ratio of employees to patrons,
based upon activity level, in order to monitor beverage sales and
patron behavior; handling patrons involved in fighting or arguing;
handling loitering about the building and in the immediate adjacent
area that is owned, leased, rented or used under agreement by the
Licensee(s); verifying age/checking identification of patrons; warning
patrons of reaching their drinking limit/potential intoxication and
refusing to serve; calling the police regarding observed or reported
criminal activity.
25) Contract security services shall be familiarwith establishment's written
security policy and procedures; by reviewing them and signing they
have read and understood the policy. The signed acknowledgement
PLANNING COMMISSION RESOLUTION NO. 10-24
DRC2010-00188
June 23, 2010
Page 6
shall be kept in file relating to the security manual.
26) Prior to utilizing a contract security guard company, the establishment
shall verify the security company has a current City of Rancho
Cucamonga business license.
27) Install a closed circuit television system capable of readily identifying
facial features, and stature of all patrons entering the establishment
during hours of a nightclub type operation. Cameras are to be
recorded and a library of events shall be kept and available for
inspection by the City of Rancho Cucamonga Police Department,
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 23RD DAY OF JUNE 2010.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Richard B. Fletcher, Chairman
ATTEST:__ NL344t/
Jam R. Troyer, AICP, Secre ary
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 23rd day of June 2010, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, MUNOZ, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: HOWDYSHELL
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT #: DRC2010-00188
SUBJECT: NON-CONSTRUCTION CONDITIONAL USE PERMIT
APPLICANT: CHARLES JOSEPH ASSOCIATES, on the behalf of the owner, STACEY WENDLER
LOCATION: 6321 HAVEN AVENUE -APN 0201-272-06
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. 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
B. Time Limits
1. Conditional Use Permit approval shall expire if building permits are not issued or approved use
has not commenced within 5 years from the date of approval. No extensions are allowed.
SC-12-08 1
I:\PLANNING\FINAL\PLNGC0MM\2010 Res & Stf Rpt\DRC2010-00188Stnd Conds 6-23.doc
Project No.DRC2010-00188
Completion Date
C. Site Development
1. The site shall be developed and maintained in accordance with the approved plans which include
site plans,architectural elevations,exterior materials and colors,landscaping,sign program,and
grading on file in the Planning Department, the conditions contained herein, and the
Development Code regulations.
2. 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.
3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and
State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be
submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety
Department to show compliance. The buildings shall be inspected for compliance prior to
occupancy.
4. 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.
D. 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.
3. All operations and businesses shall be conducted to comply with the following standards which
shall be incorporated into the lease agreements for all tenants:
a. Noise Level - All commercial activities shall not create any noise that would exceed an
exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during the
hours of 7 a.m. until 10 p.m.
b. Loading and Unloading-No person shall cause the loading, unloading,opening,closing,or
other handling of boxes, crates, containers, building materials, garbage cans, or other
similar objects between the hours of 10 p.m. and 7 a.m. unless otherwise specified herein,
in a manner which would cause a noise disturbance to a residential area.
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