HomeMy WebLinkAbout10-53 - Resolutions RESOLUTION NO.10-53
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE
PERMIT DRC2010-00728, A REQUEST TO OPERATE A 7,200 SQUARE
FOOT RESTAURANT AND BAR WITH ENTERTAINMENT IN THE
INDUSTRIAL PARK DISTRICT, LOCATED AT THE SOUTHWEST
CORNER OF FOOTHILL BOULEVARD AND MILLIKEN AVENUE AT 8106
MILLIKEN AVENUE - APN: 0229-012-57; AND MAKING FINDINGS IN
SUPPORT THEREOF.
A. Recitals.
1. Elias Medina, on behalf of Zendejas Mexican Grill and Spirits#2, filed an application for
the issuance of Conditional Use Permit DRC2010-00728, 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 10th day of November, 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 November 10, 2010, including written and oral staff reports,
together with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to the property located at 8106 Milliken Avenue, with a
street frontage of approximately 204 feet along Foothill Boulevard and 292 feet along Milliken
Avenue, and a lot depth of approximately 202 feet and which is presently improved with an existing
restaurant pad building, parking areas, and landscaping; and
b. The property to the north is zoned Mixed Use Financial and is vacant; the property
to the south is zoned Industrial Park and is improved with an office building; the properties to the
east and west are zoned Industrial Park and are improved with commercial centers; and
C. The subject site has a General Plan land use designation of Industrial Park. The
proposed use is in accordance with General Plan Policy LU-4.2 which encourages community and
regional serving uses along Foothill Boulevard east of Haven Avenue, providing a range of
commercial, office, residential and entertainment-related uses. With the addition of the restaurant
and bar with entertainment to this location, the needs of both local employees and residents can be
successfully met; 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
PLANNING COMMISSION RESOLUTION NO. 10-53
DRC2010-00728 — ELIAS MEDINA ON BEHALF OF ZENDEJAS MEXICAN GRILL AND SPIRITS#2
November 10, 2010
Page 2
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 City of Rancho
Cucamonga 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 major interior or exterior
alterations. 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 Department
1) Approval is hereby granted for the operation of a 7,200 square foot
restaurant with a bar and entertainment in the Industrial Park District,
located at the southwest corner of Foothill Boulevard and Milliken
Avenue -APN:, 0229-012-57.
2) This approval suercedes Conditional Use Permit DRC2005-00764.
3) Entertainment shall not be provided without a valid Entertainment
Permit. The business shall comply with all conditions of approval for
such Entertainment Permit, including without limitation the hours of
operation set forth in the Entertainment Permit.
PLANNING COMMISSION RESOLUTION NO. 10-53
DRC2010-00728— ELIAS MEDINA ON BEHALF OF ZENDEJAS MEXICAN GRILL AND SPIRITS#2
November 10, 2010
Page 3
4) The days and hours of operation shall be limited to Monday through
Thursday between 10:30 a.m. to 12:00 a.m., Friday between
10:30 a.m. to 1:00 a.m., Saturday between 9:00 a.m. to 1:00 a.m. and
Sunday between 9:00 a.m. to 11:00 p.m.
5) The sale and consumption of alcohol shall cease no less than thirty
(30) minutes before the closing times as indicated in Condition No. 4.
6) 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.
7) 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.
8) The applicant shall obtain all necessary permits from the Building and
Safety Department and the Rancho Cucamonga Fire Protection District
prior to operation.
9) No modifications to the floor plan or intensification of the use shall be
permitted without prior review and approval by the Planning
Commission.
10) 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:
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 "Ali 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.
PLANNING COMMISSION RESOLUTION NO. 10-53
DRC2010-00728— ELIAS MEDINA ON BEHALF OF ZENDEJAS MEXICAN GRILL AND SPIRITS#2
November 10, 2010
Page 4
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 a
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.
Security:
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 law enforcement representative. 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.
PLANNING COMMISSION RESOLUTION NO. 10-53
DRC2010-00728— ELIAS MEDINA ON BEHALF OF ZENDEJAS MEXICAN GRILL AND SPIRITS#2
November 10, 2010
Page 5
23) 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.
24) Contract security services shall be familiar with the establishment's
written security policy and procedures; by reviewing them and signing
they have read and understood the policy. The signed
acknowledgement shall be kept in a file relating to the security manual.
25) Prior to utilizing a contract security guard company, the establishment
shall verify the 'security company has a current City of
Rancho Cucamonga business license.
26) The owners and employees of this business shall at all times
cooperate with law enforcement representatives in the performance of
their duties.
Fire District/Building and Safety Department
1) If any modifications are made to the building, plans must be submitted
for review. To submit plans call (909) 477-2710 for more information.
2) After approval of the Conditional Use Permit, the applicant shall
request a Fire Department Occupancy Inspection by calling
(909) 477-2770. A new Assembly Use Permit will be required. A fire
protection company must reevaluate the fire Suppression system.The
system must be compliant and bear the company's current service tag.
If any modifications are made to the building, the seating arrangement
or cooking line, plans must be submitted for review. To submit plans
call (909) 477-2710 for more information.
PLANNING COMMISSION RESOLUTION NO. 10-53
DRC2010-00728 — ELIAS MEDINA ON BEHALF OF ZENDEJAS MEXICAN GRILL AND SPIRITS#2
November 10, 2010
Page 6
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 10TH DAY OF NOVEMBER 2010.
PLANNING COMMISSION OF THE CITY OF,RANCHO CUCAMONGA
BY:
Luis Munoz, Jr., Chairman
ATTEST: r�� �l - 1�'
Jame R. Troyer, AICF�-, Secrhtary
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 November 2010, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: WIMBERLY
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT #: DRC2010-00728
SUBJECT: CONDITIONAL USE PERMIT
APPLICANT: ELIAS MEDINA ON BEHALF OF ZENDEJAS MEXICAN GRILL & SPIRITS #2
LOCATION: 8106 MILLIKEN AVENUE
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 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
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Project No.DRC2010-00728
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
similarobjects 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.
E. Signs
1. The signs indicated on the submitted plans are conceptual only and not a part of this approval.
Any signs proposed for this development shall comply with the Sign Ordinance and shall require
separate application and approval by the Planning Department prior to installation of any signs.
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)
F. General Requirements
1. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the
Building and Safety Department.
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Project No.DRC2010-00728
Completion Date
G. Site Development
1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be
marked with the project file number(i.e., DRC2001-00001). The applicant shall comply with the
latest adopted California Codes, and all other applicable codes, ordinances, and regulations in
effect at the time of permit application. Contact the Building and Safety Department for
availability of the Code Adoption Ordinance and applicable handouts.
2. Prior to issuance of building permits for a new commercial or industrial development project or
major addition,the applicant shall pay development fees at the established rate. Such fees may
include but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation
Development Fee, Permit and Plan Check Fees,Construction and Demolition Diversion Program
deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to
the Building and Safety Department prior to permits issuance.
H. Existing Structures
1. Upon tenant improvement plan check submittal, additional requirements may be required.
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