HomeMy WebLinkAbout10-38 - Resolutions RESOLUTION NO. 10-38
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO
CUCAMONGA,CALIFORNIA,APPROVING NON-CONSTRUCTION CONDITIONAL
USE PERMIT DRC2010-00490, A REQUEST TO SELL DISTILLED SPIRITS AT A
2,800 SQUARE FOOT MEXICAN RESTAURANT IN THE COMMUNITY
COMMERCIAL DISTRICT(CC)OF THE FOOTHILL BOULEVARD SPECIFIC PLAN
(SUBAREA 2), LOCATED AT 9030 FOOTHILL BOULEVARD SUITE 102; AND
MAKING FINDINGS IN SUPPORT THEREOF—APN: 0208-101-19.
A. Recitals.
1. Zendejas restaurant filed an application for Non-Construction Conditional Use Permit
DRC2010-00490, as described in the title of this Resolution. Hereinafter in this Resolution, the subject
Non-Construction Conditional Use Permit request is referred to as "the application."
2. On August 25, 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 City of
Rancho Cucamonga as follows:
1. The 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 the Commission during the above-referenced
public hearing on August 25, 2010, including written and oral staff reports, together with public testimony,
the Commission hereby specifically finds as follows:
a. The application applies to a 2,800 square foot free-standing restaurant on the north side of
Foothill Boulevard, located at 9030 Foothill Boulevard, Suite 102; and
b. The land use designation for the site is Community Commercial (CC). The parcels to the
north of the site are designated as Low Residential(L)and are developed with single-family residences;the
parcel to the south, and across Foothill Boulevard is designated Medium-High Residential (MH) and
developed with multi-family residences; the parcel to the east is designated Community Commercial (CC)
and is developed with a retail center; and,the parcel to the west is designated Specialty Commercial and is
developed with a retail center; and
c. The applicant proposes the sale of alcoholic beverages for on-site consumption within an
existing sit-down restaurant requiring a Type 47 Liquor License issued by the California State Department of
Alcoholic Beverages Control (ABC); and
d. The applicant proposes the sale and on-site consumption of alcoholic beverages at a
Mexican restaurant. The restaurant serves lunch and dinner seven days a week, as well as breakfast on the
weekends. They will employ approximately 8 employees on the largest shift. The bar area will be located at
the rear of the restaurant and will be open to the rest of the restaurant. The applicant does not propose
offering any entertainment or dancing; and
e. The hours of operation will be Monday through Thursday from 11:00 a.m.to 9:00 p.m.; Friday
from 11:00 a.m. to 11:00 p.m.; Saturday from 8:00 a.m. to 11:00 p.m.; and Sunday from 8:00 a.m. to
9:00 p.m.; and
PLANNING COMMISSION RESOLUTION NO. 10-38
DRC2010-00490 —ZENDEJAS RESTAURANT
August 25, 2010
Page 2
f. Staff does not anticipate that the sale of distilled spirits will have a detrimental effect on the
surrounding property owners as long as the business is appropriately managed and is in conformance with
the Department of Alcoholic Beverage Control regulations.
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 and 2 above,the 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.
d. The proposed sale of beer, wine, and distilled spirits with meals, in conjunction with the
subject sit-down restaurant, will have no significant adverse environmental effects.
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 as a Class 1 exemption under State CEQA Guidelines Section 15301, which covers the
permitting of existing structures that involve negligible or no expansion of use beyond that existing at the time
of the lead agency's original determination. The project entails permitting the sale of distilled spirits at a
restaurant with no expansion or changes to the existing building. Staff finds that there is no substantial
evidence that the project will have a significant effect on the environment, in that the proposal does not
propose modifying or expanding the existing structure. The 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, the
Commission hereby approves the application subject to each and every condition set forth below and in the
Standard Conditions incorporated herein by this reference:
Planning Department:
1) Approval is hereby granted for the sale and service of distilled spirits in
conjunction with a full-service restaurant use located at 9030 Foothill Boulevard,
Suite 102. The restaurant use shall be a "bona fide eating place" as defined in
the California Business and Professions Code Section 23038.
2) Any modification or any intensification of the use beyond what is specifically
approved by Conditional Use Permit DRC2010-00490 and the Conditions of
Approval shall require review and approval by the Planning Director. Revisions
to the hours of operation, request to operate an ABC license other than a
Type 47, change in operation of the activities/operations as stated in this
Resolution of Approval and Conditions of Approval are subject to the review and
approval of the Planning Director.
PLANNING COMMISSION RESOLUTION NO. 10-38
DRC2010-00490 —ZENDEJAS RESTAURANT
August 25, 2010
Page 3
3) The 2,800 square foot restaurant shall not be enlarged or intensified without
Planning Director review and approval. The restaurant shall operate and be
maintained in accordance with the Floor Plan as shown in the Staff Report for
DRC2010-00490, Exhibit B, and as attached to this Resolution and hereby
referenced in the Conditions of Approval.
4) The sale and service of alcoholic beverages shall occur only when food items
are served at the restaurant and shall cease when full listed menu items are not
available to the customers.
5) The serving of alcoholic beverages shall be limited to Monday through Thursday
from 11:00 a.m. to 9:00 p.m.; Friday from 11:00 a.m. to 11:00 p.m.; Saturday
from 8:00 a.m. to 11:00 p.m.; and Sunday from 8:00 a.m, to 9:00 p.m. Changes
to the closing hours of the restaurant shall not occur prior to review and approval
of the Planning Director.
6) This permit does not allow live music or staged entertainment. Entertainment
activities as defined by Rancho Cucamonga Municipal Code Chapter 5.12 shall
require the applicant to obtain a separate Entertainment Permit approval from
the Planning Commission.
7) Approval of this Conditional Use Permit shall be contingent upon the applicant's
ability to secure approval of a Type 47 Liquor License issued by the California
Department of Alcoholic Beverage Control (ABC)for this location.
8) The restaurant shall adhere to all food service requirements and operations
regulations for a Type 47 Liquor License as prescribed by the California
Department of Alcoholic Beverage Control (ABC). Failure to abide by all
applicable ABC regulations or all Conditions of Approval shall result in
Conditional Use Permit DRC2010-00490 being brought before the Planning
Director for review.
9) Approval of this request shall not waive compliance with any regulations as set
forth in the Uniform Building Code and/or City Ordinances or by the
San Bernardino County Health Department and/or California State Department
of Alcoholic Beverages Control (ABC).
10) If the operation of the facility causes adverse effects upon the adjacent
businesses or operations, the Conditional. Use Permit shall be brought before
the Planning Director for consideration and possible termination of the use.
11) The facility shall operate in conformance with all applicable performance
standards as defined in the Development Code including, but not limited to,
noise levels.
12) Any signs proposed for the restaurant shall be designed in conformance with the
City's Sign Ordinance and the Uniform Sign Program for the complex and shall
require review and approval by the Planning Director prior to installation.
PLANNING COMMISSION RESOLUTION NO. 10-38
DRC2010-00490 —ZENDEJAS RESTAURANT
August 25, 2010
Page 4
6. The Secretary to the Planning Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 25TH DAY OF AUGUST 2010.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Luis Munoz, Jr., Chairman
ATTEST: �' dic�
Ja s R. 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 25th day of August 2010, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT#: DRC2010-00490
SUBJECT: NON-CONSTRUCTION CONDITIONAL USE PERMIT
APPLICANT: RAUL ZENDEJAS
LOCATION: 9030 FOOTHILL BOULEVARD, SUITE 102 —APN: 0208-101-19.
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. 10-38, 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. 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\PLNGCOMM\2010 Res &Stf Rpt\DRC2010-00490StdCond 8-25.doc
Project No. DRC2010-00490
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.
2
I:\PLANNING\FINAL\PLNGCOMM\2010 Res &Sff Rpt\DRC2010-00490StdCond 8-25.doc