HomeMy WebLinkAbout02-49 - Resolutions RESOLUTION NO. 02-49
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST TO
MODIFY A CONDITION OF APPROVAL FOR CONDITIONAL USE PERMIT
95-25 TO ALLOW AN ADDITIONAL TWO YEARS TO THE FIVE-YEAR
EXPIRATION OF AN APPROVED CONDITIONAL USE PERMIT FOR A
MASTER PLANNED SHOPPING CENTER INCLUDING THE
CONSTRUCTION OF A 2,900 SQUARE FOOT DRIVE-THRU RESTAURANT
(BURGER KING) AND A 5,548 SQUARE FOOT RESTAURANT ON 8.9
ACRES OF LAND IN THE COMMUNITY COMMERCIAL DISTRICT
LOCATED AT THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD
AND VINEYARD AVENUE, AND MAKING FINDINGS IN SUPPORT
THEREOF, APN: 207-211-12 THROUGH 15, 38, AND 40.
A. Recitals.
1. Gil Rodriguez Jr. has filed an application for a condition modification to allow an additional
two years for the approval of Conditional Use Permit 95-25, as described in the title of this
Resolution. Hereinafter in this Resolution, the subject time extension request is referred to as"the
application."
2. On May 14, 1997, this Commission adopted its Resolution No. 97-27, thereby approving,
subject to specific conditions and time limits, Conditional Use Permit 95-25.
3. On May 26, 1999, this Commission adopted its Resolution No.99-47,thereby approving a
three-year time extension for Conditional Use Permit 95-25 for an ultimate expiration date of May 14,
2002.
4. On May 8, 2002, the Planning Commission of the City of Rancho Cucamonga conducted
a duly noticed public hearing on the application and concluded said hearing that date.
5. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution.
NOW,THEREFORE, it is hereby found, determined, and resolved bythe 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 May 8, 2002, including written and oral staff reports, together with
public testimony, this Commission hereby specifically finds as follows:
a. The previously approved Conditional Use Permit is in substantial compliance with
the City's current General Plan, specific plans, ordinances, plans, codes, and policies; and
b. The condition modification granting a time extension of the Conditional Use Permit
approval will not cause significant inconsistencies with the current General Plan, specific plans,
ordinances, plans, codes, and policies; and
C. The condition modification granting a time extension of the Conditional Use Permit
approval is not likely to cause public health and safety problems; and
PLANNING COMMISSION RESOLUTION NO. 02-49
CUP95-25 MODIFICATION —GIL RODRIGUEZ, JR.
May 8, 2002
Page 2
d. The project was granted an initial approval period of two years. Subsequently, the
City Council adopted its Ordinance No. 596, which established an approval period of five years with
no further time extensions allowed but a provision for the Planning Commission to set specific
expiration, via Conditions of Approval.
e. The applicant has diligently pursued the project since approval in 1997 including:
being in various stages of building permit and grading permit plan check, since, diligent work with
staff and the Planning Commission to develop a Uniform Sign Program and Design Guidelines for
the center both have been approved; from 1999 through 2001, the applicant was processing a major
modification to the site plan concept, and the applicant is currently processing a Chevron service
station at the northwest comer of the site.
3. A Mitigated Negative Declaration was issued by the Planning Commission for Conditional
Use Permit 95-25 on May 14, 1997, and an updated Mitigated Negative Declaration was issued on
May 26, 1999. Conditions in the vicinity have not changed appreciably since 1999; hence, no further
environmental clearance is necessary. The approval herein granted relies upon the Mitigated
Negative Declarations previously issued for the project and contained in the project file.
4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this
Commission hereby approves the application subject to each and every condition set forth below:
1) The approval period for this Conditional Use Permit is hereby extended
to May 14, 2004. No further time extensions will be permitted.
2) All applicable conditions in Planning Commission Resolutions 97-27,
97-27A, and 99-47 shall apply.
5. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 8TH DAY OF MAY 2002
PLANNING CO MISSION OF THE CITY OF RANCHO CUCAMONGA-
BY: aJ
arty T. c iel, Chairman
ATTEST:
Brad Bull retary
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 May 2002, by the following vote-to-wit:
PLANNING COMMISSION RESOLUTION NO. 02-49
CUP95-25 MODIFICATION —GIL RODRIGUEZ, JR.
May 8, 2002
Page 3
AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: TOLSTOY