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HomeMy WebLinkAbout11-03 - Resolutions RESOLUTION NO. 11-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MODIFYING CONDITIONAL USE PERMIT DRC2010-00078M,A REQUEST TO PROVIDE ENTERTAINMENT WITHIN A 6,088 SQUARE FOOT RESTAURANT WITH BAR IN THE MIXED USE DISTRICT OF THE VICTORIA ARBORS MASTER PLAN, LOCATED AT 7881 MONET AVENUE—APN: 0227-464-08;AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Alberto Mestre, on behalf of Candela's Contemporary Cuisine,filed an application for the modification of Conditional Use Permit DRC2010-00078M, 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. The original Conditional Use Permit was approved by the Planning Director on May 11, 2010, through the adoption of Resolution Number 10-07. 3. On the 26th day of January 2011, 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. 4. 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 January 26, 2011, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The subject property is zoned Mixed Use—Victoria Community PlanNictoria Arbors Master Plan; and b. The subject property is within the Victoria Gardens Lifestyle Center and is zoned Mixed Use — Victoria Community Plan/Victoria Arbors Master Plan to the north, south, east, and west; and C. The site is appropriately located for the proposed use in that the use is a restaurant and bar, which is similar in nature to the nearby uses that are retail, restaurant and restaurants with bar uses; and 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: PLANNING COMMISSION RESOLUTION NO. 11-03 DRC2010-00078M — CANDELA'S CONTEMPORARY CUISINE January 26, 2011 Page 2 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 Section 15301-Existing Facilities because the project does not result in any 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 staff's 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 forthe provision of entertainment within an existing 6,088 square foot restaurant with the sales and service of alcoholic beverages for on-site consumption at 7881 Monet Avenue. 2) The conditions set forth in this Resolution shall supersede those conditions imposed in Resolution 10-07. 3) Entertainment shall be limited to the bar area only. Any expansion of entertainment will require a modification to the approved Conditional Use Permit. 4) 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. 5) The days and hours of operation of the restaurant shall be limited to Monday through Sunday between 8:00 a.m. and 2:00 a.m. 6) The sale of alcohol shall cease no less than thirty(30)minutes before the closing times as indicated in Condition No. 5 or when full-menu food items are not available to customers. 7) If the operation of the facility causes adverse effects upon the adjacent businesses or operations,the Conditional Use Permit shall be brought PLANNING COMMISSION RESOLUTION NO. 11-03 DRC2010-00078M — CANDELA'S CONTEMPORARY CUISINE January 26, 2011 Page 3 before the Planning Commission for consideration and possible termination of the use. 8) 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. 9) The applicant shall obtain all necessary permits from the Building and Safety Department and the Rancho Cucamonga Fire Protection District prior to operation. 10) No modifications to the Floor Plan or intensification of the use shall be permitted without prior review and approval by the Planning Commission. 11) Approval of this request shall not waive compliance with all sections of the Victoria Community Plan, the Victoria Gardens Master Plan, the Victoria Gardens Master Plan, and the Rancho Cucamonga Development Code and all other applicable City Ordinances in effect at the time of building permit issuance. Alcohol Service: 12) Patrons who appear obviously intoxicated shall not be served any alcoholic beverages. 13) 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. 14) There shall be no "stacking" of drinks, i.e., more than one drink at a time, to a single patron. 15) 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. 16) The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 17) Employees shall not consume any alcoholic beverages during their work shift. PLANNING COMMISSION RESOLUTION NO. 11-03 DRC2010-00078M — CANDELA'S CONTEMPORARY CUISINE January 26, 2011 Page 4 18) 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. 19) 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. 20) 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: 21) 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. 22) 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. 23) 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. 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, PLANNING COMMISSION RESOLUTION NO. 11-03 DRC2010-00078M — CANDELA'S CONTEMPORARY CUISINE January 26, 2011 Page 5 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. 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) Occupant load is not to increase with the entertainment function, maintain the occupant load as previously approved and posted. If the entertainment activity includes dancing or modifications of the seating arrangement, the business owner upon CUP approval must apply fora new Fire Code Assembly permit. Please contact Fire Construction Services at(909)477-2710 to obtain a permit application and details of the Floor Plan requirements. The DJ equipment and/or platform may not obstruct the exit doors or path of travel. Banners or decorations in the lounge must be fire retardant as required for the occupancy. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 26TH DAY OF JANUARY 2011. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman ATTEST: jar 's R. Troyer, AICP, Secr 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 26th day of January 2011, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: OAXACA ABSTAIN: COMMISSIONERS NONE