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HomeMy WebLinkAbout00-27 - Resolutions RESOLUTION NO. 00-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 00-03 FOR A BAR WITHIN A RESTAURANT, LOCATED AT 6321 HAVEN AVENUE, IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 210-271-69 A. Recitals. 1. Mark Alan and Vivian C. Campero have filed an application for the issuance of Conditional Use Permit No. 00-03, 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 8th day of March 2000, 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 March 8, 2000, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 6321 Haven Avenue, on the southeast corner Haven Avenue and Lemon Avenue with a street frontage of 161 feet and lot depth of 455 feet and is presently improved with the Haven Village Center; and b. The property to the north of the subject site is developed with single family residential (Low, 2-4 dwellings per acre), the property to the south is the Route 30 freeway, the property to the east is developed with Medium-High residential (14-24 dwelling units per acre), and the property to the west is a small shopping center on the southwest corner; and c. The proposed use, a restaurant with a full bar and entertainment, is consistent with the Neighborhood Commercial District, and the surrounding Haven Village Center. d. The commercial center has sufficient parking spaces to accommodate the proposed use based on parking calculations from the site plan; and e. The proposed use would be compatible with the surrounding center. 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. 00-27 CUP 00 — 03 March 8, 2000 Page 2 a. The proposed use is in accordance 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 Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines. 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. Planning Division 1) Approval is for a 4,500 square foot restaurant and bar. Expansion or intensification of the bar facility shall require a modification to the Conditional Use Permit. 2) Approval shall expire, unless extended by the Planning Commission, if building permits are not issued or the approved use has not commenced within 24 months of this date. 3) Approval of this request shall not wave compliance with any sections of the Neighborhood Commercial District, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 4) If operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible termination of the use. 5) The facility shall be operated in conformance with the performance standards as defined in the Development Code including, but not limited to, noise levels. 6) Any signs proposed on the facility shall be designed in conformance with the City's Sign Ordinance and the Uniform Sign Program for the Haven Village Center and shall require review and approval by the City Planner prior to installation. 7) A separate Conditional Use Permit is required if there are more than three coin operated amusement devices on the premises. 8) Private parties with or without bar service may be allowed during the day and must end before the regular bar opens. PLANNING COMMISSION RESOLUTION NO. 00-27 CUP 00 — 03 March 8, 2000 Page 3 Building and Fire Safety Division 1) Occupancy of the facility shall not commence until such time as all Uniform Building Code and State Fire Marshal's regulations have been complied with. Detailed plans shall be submitted to the Rancho Cucamonga Fire District and the Building and Safety Division for review and approval prior to the issuance of building permits. The building shall be inspected for compliance prior to occupancy. 2) Any modification to the approved plans after occupancy of the building may require additional review and/or permits from the Fire District and the Building and Safety Division. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF MARCH 2000. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: � rry T. cNiel, Chairman ATTEST: Brad u ecr tary I, Brad Buller, 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 March 2000, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE