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HomeMy WebLinkAbout13-54 - Resolutions RESOLUTION NO. 13-54 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT DRC2013-00885, A REQUEST TO OPERATE A 9,100 SQUARE FOOT FULL-SERVICE RESTAURANT AND BAR SERVING DISTILLED SPIRITS FOR A SITE LOCATED WITHIN THE FOOTHILL MARKETPLACE COMMERCIAL CENTER ON THE SOUTH SIDE OF FOOTHILL BOULEVARD AND EAST OF THE 1-15 FREEWAY WITHIN THE REGIONALLY RELATED OFFICE/COMMERCIAL (RRO/C) DEVELOPMENT DISTRICT AT 12809-B FOOTHILL BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0229-031-33. A. Recitals. 1. Cameron Pelado restaurant has filed an application for the issuance of Conditional Use Permit DRC2013-00885 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 11th day of December, 2013, 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 December 11, 2013 including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a 9,100 square foot tenant space located within the 545,906 square foot Foothill Marketplace commercial center located on the south side of Foothill Boulevard and east of the 15 freeway at 12809-B Foothill Boulevard; and b. To the north (across Foothill Boulevard) is a commercial center within the Community Commercial (CC) Development District; to the south is water storage facility within the Light Industrial(LI)Development District; to the east(across Etiwanda Avenue)is a vacant lot and single family residences within the Community Commercial (CC) and the Low (L) Development Districts; and, to the west is the 1-15 Freeway; and C. The application proposes operating a 9,100 square foot Mexican restaurant and bar named Cameron Pelado that will serve Mexican food and provide live entertainment 7 days per week; and PLANNING COMMISSION RESOLUTION NO. 13-54 CONDITIONAL USE PERMIT DRC2013-00885 CAMARON PELADO DECEMBER 11, 2013 Page 2 d. The establishment will operate Sunday through Wednesday from 10:00 a.m. to 12:00 a.m. and Thursday through Saturday from 10:00 a.m. to 2:00 a.m.; and e. The restaurant will serve a full menu during business hours; and f. The commercial center in which the project is located has adequate parking for the proposed use. 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 allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code, Municipal Code, General Plan, and any applicable Specific Plans or City regulations/standards. In that the operation of a bar in conjunction with a restaurant is permitted within the Regionally Related Office/Commercial(RRO/C)with the approval of a Conditional Use Permit. b. The site is physically suited for the type, density and intensity of the proposed use including access, utilities, and the absence of physical constraints and can be conditioned to meet all related performance criteria and development standards. In that the commercial center in which the site is located was designed for a wide variety of commercial uses including restaurants with bars. c. Granting the application would not be detrimental to the public interest, health,safety, convenience, or welfare,or materially injurious to persons, property or improvements in the vicinity in which the project is located. In that the applicant has provided a security plan to regulate the operation of the restaurant and bar to limit any negative effects on the surrounding land uses. 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 as a Class 1 exemption under State CEQA Guidelines Section 15301 - Existing Facilities - 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 the operation of a restaurant and bar with no expansion or significant change to the existing tenant space. Staff finds that there is no substantial evidence that the project will 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 COMMISSION RESOLUTION NO. 13-54 CONDITIONAL USE PERMIT DRC2013-00885 CAMARON PELADO DECEMBER 11, 2013 Page 3 Planning Department 1) Approval is to operate a 9,100 square foot restaurant and bar at 12809- 6 Foothill Boulevard -APN: 0229-031-33. 2) Changes to the approved Site Plan and/or expansion of the approved hours of operation requires prior approval of the Planning Manager. 3) The approved hours of operation are Sunday through Wednesday from 10:00 a.m. to 12:00 a.m. and Thursday through Saturday from 10:00 a.m. to 2:00 a.m. 4) The service of alcoholic beverages shall cease a minimum of 60 minutes prior to the approved closing time. 5) The business operations shall be in compliance with the performance standards that are described in Section 17.66 of the Development Code, including noise limits which are described in Section 17.66.050(G). 6) The business operations shall be in compliance with the regulations and requirements of the California Department of Alcoholic Beverage Control that apply to Type 47 Liquor Licenses. 7) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 8) All signs shall comply with Chapter 17.74(Sign Regulations for Private Property)of the Development Code and Uniform Sign Program #119. 9) 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. 10) No modifications to the floor plan or intensification of the use shall be permitted without prior review and approval by the Planning Commission. PLANNING COMMISSION RESOLUTION NO. 13-54 CONDITIONAL USE PERMIT DRC2013-00885 CAMARON PELADO DECEMBER 11, 2013 Page 4 11) The applicant shall obtain all necessary permits from the Building and Safety Department and the Rancho Cucamonga Fire Protection District prior to operation. 12) This application (Conditional Use Permit DRC2013-00885) shall be brought back to the Planning Commission for review within 6 months of the date of the approval. Alcohol Service: 13) Applicant must use an identity card scanner(ID Scanner) anytime the premises is selling alcoholic beverages and has entertainment as defined by the Development 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. The business will provide the ID Scanner records to law enforcement upon request. 14) 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 of their hand that readily identifies them as a person who can be served an alcoholic drink. 15) Patrons who appear obviously intoxicated shall not be served any alcoholic beverages. 16) There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating"All you can drink for..."or similar language. 17) There shall be no "stacking" of drinks, i.e., more than one drink at a time, to a single patron. 18) 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. 19) The sale of alcoholic beverages for consumption off the premises is strictly prohibited. PLANNING COMMISSION RESOLUTION NO. 13-54 CONDITIONAL USE PERMIT DRC2013-00885 CAMARON PELADO DECEMBER 11, 2013 Page 5 20) Employees and contract security personnel shall not consume any alcoholic beverages during their work shift. 21) 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 60 days from date of employment to obtain L.E.A.D. certification or equivalent. 22) 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. 23) 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 24) Any patron who (1) fights or challenges another person to fight, (2) maliciously and willfully disturbs another person by loud or unreasonable noise,or(3)uses offensive words which are inherently likely to provoke an immediate violent reaction shall be removed from the premises. 25) 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. 26) Security guards 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. PLANNING COMMISSION RESOLUTION NO. 13-54 CONDITIONAL USE PERMIT DRC2013-00885 CAMARON PELADO DECEMBER 11, 2013 Page 6 27) 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. 28) 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. 29) 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. 30) Prior to utilizing a contract security guard company, the establishment shall verify the security company has a current City of Rancho Cucamonga business license. Fire District/Building & Safety Department 1) Any proposed floor plan, seating, occupancy and/or furnishing changes must be submitted to Rancho Cucamonga Fire Protection District for review and approval. Do not increase the approved occupant load. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 11TH DAY OF DECEMBER 2013 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Frances Howdyshell, Chairman PLANNING COMMISSION RESOLUTION NO. 13-54 CONDITIONAL USE PERMIT DRC2013-00885 CAMARON PELADO DECEMBER 11, 2013 Page 7 ATTEST: andy Burnett, Secretary I, Candyce Burnett, 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 11th day of December 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#: DRC2013-00885 SUBJECT: CONDITIONAL USE PERMIT APPLICANT: CAMERON PELADO LOCATION: 12809-B FOOTHILL BOULEVARD -APN: 0229-031-33 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. 13-54, 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 Manager hearing. a) Notice of Exemption - $50 B. Time Limits 1. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 5 years from the date of approval or a time extension has been granted. 1 Project No. DRC2013-00885 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 Manager. 3. Occupancy of the facilities shall not commence until such time as all California 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 Services Department to show compliance. The buildings shall be inspected for compliance and final acceptance granted 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, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. DRC2013-00885 cond 12-11 2