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HomeMy WebLinkAbout00-63 - Resolutions RESOLUTION NO. 00-63 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MODIFICATION TO CONDITIONAL USE PERMIT NO. 00-03 TO SERVE ALCHOLIC BEVERAGES IN THE OUTDOOR PATIO AREA, LOCATEDAT6321 HAVEN AVENUE, IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 201-271-69 A. Recitals. 1. Mark Alan and Vivian C. Campero filed an application for the issuance of Modification to 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 14th day of June 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. The Planning Commission continued the application at the applicant's request in order to allow the landlord and applicant time to resolve issues raised by the neighboring tenant. All parities have indicated to staff that the issues have been resolved. 3. On June 28, 2000, the Planning Commission of the City of Rancho Cucamonga concluded a duly noticed public hearing on the application. 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 June 14, and June 28, 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 modification to the proposed use, the serving of alcoholic beverages in the outdoor patio area, is consistent with the Neighborhood Commercial District, and the surrounding Haven Village Center and; d. The proposed use would be compatible with the surrounding center. PLANNING COMMISSION RESOLUTION NO. 00-63 CUP 00— 03 June 28, 2000 Page 2 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 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 the serving of alcoholic beverages in the outdoor patio area of the recently approved McAlan's Pub and Grille. Expansion or intensification of the patio area shall require a modification to the Conditional Use Permit. 2) When entertainment is being conducted, doors to the patio shall remain closed for noise attenuation purposes. No entertainment shall be conducted outdoors. 3) 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. 4) 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. 5) 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. 6) The facility shall be operated in conformance with the performance standards as defined in the Development Code including, but not limited to, noise levels. PLANNING COMMISSION RESOLUTION NO. 00-63 CUP 00—03 June 28, 2000 Page 3 7) 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. 8) Private parties with or without bar service may be allowed during the day and must end before the regular bar opens. 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) The modification to the approved plans after occupancy of the building will 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 28TH DAY OF JUNE 2000. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: G Larry T. Niel, Chairman ATTEST: 7T, oleman, Acting Secretary I, Dan Coleman,Acting 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 28th day of June 2000, by the following vote-to-wit: AYES: COMMISSIONERS: MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS