HomeMy WebLinkAbout10-61 - Resolutions RESOLUTION NO. 10-61
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO
CUCAMONGA,CALIFORNIA,APPROVING NON-CONSTRUCTION CONDITIONAL
USE PERMIT DRC2010-00893 - A REQUEST TO SELL DISTILLED SPIRITS
(TYPE 47 ABC LICENSE) AT AN EXISTING 1,500 SQUARE FOOT MEXICAN
RESTAURANT LOCATED AT THE NORTHEAST CORNER OF ARCHIBALD
AVENUE AND 19TH STREET WITHIN THE NEIGHBORHOOD COMMERCIAL(NC)
DISTRICT, LOCATED AT 977019TH STREET,SUITE C6;AND MAKING FINDINGS
IN SUPPORT THEREOF—APN: 1076-011-08.
A. Recitals.
1. EI Perico Ranchero restaurant filed an application for Non-Construction Conditional Use Permit
DRC2010-00893, 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 December 8, 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 December 8, 2010, including written and oral staff reports, together with public testimony,
the Commission hereby specifically finds as follows:
a. The application applies to an existing restaurant that is located at the northeast corner of
Archibald Avenue and 19th Street; and
b. The applicant's tenant space totals 1,500 square feet and is within a commercial center
consisting of 23 tenants, which include sit-down and fast food restaurants, retail and office uses; and
c. The land use designation for the site is Neighborhood Commercial(NC). The 210 Freeway
runs to the north of the site. There are single-family residences to the south that are zoned Low-Medium
Residential (LM). There is a multi-family residential development to the west that is zoned Low-Medium
Residential(LM). And, there is a multi-family residential development to the east that is zoned Medium-High
Residential (MH); and
d. 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
e. The applicant proposes the sale and on-site consumption of alcoholic beverages at an
existing Mexican restaurant. They do not currently have or propose having a bar; all food and beverages will .
be served to the customer's table. Breakfast, lunch, and dinner are served seven days a week. There are
approximately 8 employees on the largest shift. The applicant does not propose offering any entertainment or
dancing; and
PLANNING COMMISSION RESOLUTION NO. 10-61
DRC2010-00893— EL PERICO RANCHERO RESTAURANT
DECEMBER 8, 2010
Page 2
f. The hours of operation will be Monday through Sunday from 8:00 a.m. to 11:00 p.m.; and
g. Staff does not foresee any potential conflicts with the other businesses in the center as long
as the business is operated as a family restaurant that is run in conformance with Department of Alcoholic
Beverage Control regulations and there is no bar and no entertainment is provided.
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, 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 9770 19th Street,
Suite C6. 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 DRC2010-00893 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. 10-61
DRC2010-00893— EL PERICO RANCHERO RESTAURANT
DECEMBER 8, 2010
Page 3
3) The 1,500 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
DRC2010-00893 (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 hours of operation will be Monday through Sunday from 8:00 a.m. to
11:00 P.M.
6) Changes to the closing hours of the restaurant shall not occur prior to review
and approval of the Planning Director.
7) 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.
8) 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.
9) 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 DRC2010-00893 being brought before the Planning
Commission for review.
10) 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).
11) 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 Commission for consideration and possible termination of the use.
12) The facility shall operate in conformance with all applicable performance
standards as defined in the Development Code including, but not limited to,
noise levels.
13) 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. 10-61
DRC2010-00893— EL PERICO RANCHERO RESTAURANT
DECEMBER 8, 2010
Page 4
6. The Secretary to the Planning Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 8TH DAY OF DECEMBER 2010.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Luis Munoz, Jr., Chairma
ATTEST: vlD�A. � j
Jam R. TroyeAICP, Sr, e etary
I, James R. Troye , 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 8th day of December 2010, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDY SHELL, MUNOZ, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT#: DRC2010-00893
SUBJECT: CONDITIONAL USE PERMIT (NON-CONSTRUCTION)
APPLICANT: PERFECTO RIVERA FOR EL PERICO RANCHERO
LOCATION: 977 19TH STREET, SUITE C6
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. 10-61, 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
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Project No. DRC2010-00893
Comoletion 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. 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.
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