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HomeMy WebLinkAbout14-31 - Resolutions RESOLUTION NO. 14-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT DRC2014-00678, A REQUEST TO MODIFY CONDITIONAL USE PERMIT DRC2010-00188M TO MODIFY THE FLOOR PLAN AND HOURS OF OPERATION FOR A 4,368 SQUARE FOOT FULL-SERVICE RESTAURANT AND BAR INCLUDING A 377 SQUARE FOOT OUTDOOR PATIO, NORTH OF THE SR-210 FREEWAY AND SOUTH OF LEMON AVENUE WITHIN THE NEIGHBORHOOD COMMERCIAL DISTRICT, LOCATED AT 6321 HAVEN AVENUE;AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 0201-272-06. A. Recitals. 1. Mr. Mike Towles, owner of Gaggles, Incorporated,filed an application for the issuance of Conditional Use Permit DRC2014-00678, 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 13th day of August 2014, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded the public 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 August 13, 2014, 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 6321 Haven Avenue with a street frontage of approximately 975 feet and lot depth of approximately 615 feet and which is presently improved with an existing shopping center consisting of pad buildings, inline tenant buildings, parking areas, and landscaping; and b. The property to the north of the subject site is an existing single-family subdivision within the Low Residential zoning district; the property to the south consists of the SR-210 Freeway; the property to the east is an existing condominium complex within the Medium High Residential zoning district; and the property to the west is an existing shopping centerwithin the Neighborhood Commercial District; and C. The subject site has a General Plan land use designation of Neighborhood Commercial. The proposed use is in accordance with General Plan Policy that encourages commercial centers to provide a broad range of retail and service needs for the community. With PLANNING COMMISSION RESOLUTION NO. 14-31 DRC2014-00678— GAGGLES TAPROOM AND CHOW August 13, 2014 Page 2 the modifications of the floor plan and the hours of operation of the restaurant, including the applicable conditions, the restaurant can expand its services and attract a wider range of residents to the shopping center; 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 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 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 17.66.050 of the Development Code and will not create adverse impacts upon the 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 as it is a commercial use that provides choices and competition for merchants and residences. 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 since the use is compatible with the surrounding land uses. C. The proposed use complies with each of the applicable provisions of the Development Code as it requires a Conditional Use Permit to serve distilled spirits for on-site consumption with a meal and this application satisfies that requirement. 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 is only for the modification of the hours of operation and interior floor plan for an existing restaurant. 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 and the Security Plan attached hereto and incorporated herein by this reference. Planning Department 1) Approval is hereby granted for Conditional Use Permit DRC2014-00678, the modification of Conditional Use Permit DRC2010-00188M, including modifications to the hours of operation and floor plan for an existing PLANNING COMMISSION RESOLUTION NO. 14-31 DRC2014-00678 — GAGGLES TAPROOM AND CHOW August 13, 2014 Page 3 4,368 square foot full service restaurant and bar including a 377 square foot outdoor patio located north of the SR-210 Freeway and south of Lemon Avenue within the Neighborhood Commercial District, located at 6321 Haven Avenue -APN: 0201-272-06. 2) The days and hours of operation shall be limited to 7:00 a.m. to 2:00 a.m., seven days a week, with the business generally operating Sunday through Thursday 11:00 a.m.to 12:00 midnight and Friday and Saturday from 11:00 a.m. to 2:00 a.m. 3) The sale and consumption of alcohol shall cease no less than thirty (30) minutes before the closing times as indicated in Condition #2. 4) 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. 5) No modification to the floor plan or intensification of the use shall be permitted without prior review and approval by the Planning Manager. Alcohol Service 6) The applicant must use an identity card scanner(ID Scanner) anytime the premises is selling alcoholic beverages and has entertainment as defined by Section 5.12 of the Municipal Code. (Definition of ID Scanner: An ID Scanner automates and documents the age of 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. 7) 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 their hand that readily identifies them as a person who can be served an alcoholic drink. 8) Patrons who appear obviously intoxicated shall not be served any alcoholic beverages. 9) 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. 10) There shall be no "stacking" of drinks, i.e., more than one drink at a time, to a single patron. PLANNING COMMISSION RESOLUTION NO. 14-31 DRC2014-00678— GAGGLES TAPROOM AND CHOW August 13, 2014 Page 4 11) 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. 12) The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 13) Employees and contract security personnel shall not consume any alcoholic beverages during the work shift. 14) 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 representatives 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. 15) 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. 16) 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 issues 17) 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. 18) 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. 19) 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 action taken. "objectionable conditions that constitute a nuisance' means disturbance of the peace, public drunkenness, drinking in PLANNING COMMISSION RESOLUTION NO. 14-31 DRC2014-00678— GAGGLES TAPROOM AND CHOW August 13, 2014 Page 5 public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise. 20) 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 person; 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. 21) Contract security services shall be familiar with 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 file relating the security manual. 22) Prior to utilizing a contract security guard company, the establishment shall verify the security company has a current City of Rancho Cucamonga Business License. 23) The applicant shall maintain a closed circuit television system capable of readily identifying facial features and stature of all patrons entering the establishment during hours of type operation. Cameras are to be recorded and a library of events shall be kept and available for a minimum of 30 days for inspection by the City of Rancho Cucamonga Police Department. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF AUGUST 2014. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA Frances Howdyshell, Chairman ATTEST: Candyc urnett, Secretary PLANNING COMMISSION RESOLUTION NO. 14-31 DRC2014-00678 — GAGGLES TAPROOM AND CHOW August 13, 2014 Page 6 I, Candyce Burnett, Secretary of the Planning Commission for 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 13th day of August 2014, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HOWDYSHELL ABSTAIN: COMMISSIONERS: NONE COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: DRC2014-00678 SUBJECT: CONDITIONAL USE PERMIT APPLICANT: GAGGLES TAPROOM AND CHOW LOCATION: 6321 HAVEN AVENUE -APN: 0201-272-06 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. Z 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 X 1