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Home My WebLink About06-73 - Resolutions RESOLUTION NO. 06-73 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING THE MODIFICATION OF CONDITIONAL USE PERMIT DRC2005-00764 TO CHANGE THE OPERATING HOURS REFLECTED IN RESOLUTION NO. 06-01 FOR A PREVIOUSLY APPROVED LAS CAMPANAS RESTAURANT AND BAR, LOCATED WITHIN THE INDUSTRIAL PARK(IP)DISTRICT(SUBAREA 7), AT THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND MILLIKEN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF— APN: 0229-011-69. A. Recitals. 1. On January 11, 2006, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing. Following conclusion of the public hearing the Planning Commission approved Conditional Use Permit DRC2005-00764 through adoption of their Resolution No. 06-01. 2. Entrepreneurial Restaurants Corporation(Las Campanas Restaurant)filed an application for the Modification of Conditional Use Permit DRC2005-00764, as described in the title of this Resolution. Hereinafter in this Resolution, the subject request is referred to as "the application." 3. On the 9th day of August 2006, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said application and concluded said meeting on that date. 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 duly noticed public hearing on August 9, 2006, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to a restaurant and bar that was previously reviewed and approved by the Planning Commission on January 11, 2006; and b. The approved hours of operation are Sunday through Thursday from 11:00 a.m.to 10:00 p.m., and Friday and Saturday from 11:00 a.m. to 11:00 p.m. The applicant requests a change in the hours of operation to Sunday through Thursday from 11:00 a.m. to 12:00 midnight, and Friday and Saturday from 11:00 a.m. to 1:00 a.m; and C. The applicant does not propose any physical changes to the project including architecture, floor area, or parking requirements; and PLANNING COMMISSION RESOLUTION NO. 06-73 DRC2005-00764— ENTREPRENEURIAL RESTAURANTS CORPORATION August 9, 2006, Page 2 d. The restaurant/bar is part of a previously approved project,Conditional Use Permit DRC2004-01125, that was reviewed and approved by the Planning Commission on August 24, 2005, which in turn is part of a master planned commercial and office complex; and e. Construction is currently underway of the buildings within the surrounding project area. The property across Foothill Boulevard to the north is also vacant. To the east, is a commercial center that includes, among other uses, Lowe's Home Improvement and Islands Restaurant. The nearest residential development is 1,000 feet to the north; and f. The Planning Commission previously approved a Mitigated Negative Declaration on April 28, 1999, for the 140-acre Rancho Cucamonga Corporate Park Master Plan, of which this site is a part. Furthermore, the Planning Commission previously issued a Negative Declaration for the update of the Rancho Cucamonga Corporate Park Master Plan and Tentative Parcel Map SUBTPM15630 on February 13, 2005, of which this site is a part. There have been no substantial changes in the area to warrant further environmental review. 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 uses are in accord 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 uses, 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 uses comply with each of the applicable provisions of the Development Code. 4. Based upon the facts and information contained in the application, together with all written and oral reports included forthe environmental assessment forthe application,the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act (CEQA) and the City's local CEQA Guidelines,the City adopted a Mitigated Negative Declaration in April 28, 1999 in connection with the City's approval of Tentative Parcel Map SUBTPM17630. Furthermore, the Planning Commission previously issued a Negative Declaration for the update of the Rancho Cucamonga Corporate Park Master Plan and Tentative Parcel Map SUBTPM15630 on February 13, 2005. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i)substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. b. The Planning Commission finds, in connection with the Modification of Conditional Use Permit DRC2005-00764, that substantial changes to the project or the circumstances PLANNING COMMISSION RESOLUTION NO. 06-73 DRC2005-00764 — ENTREPRENEURIAL RESTAURANTS CORPORATION August 9, 2006 Page 3 surrounding the project have not occurred that would create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration. The application proposes only to revise the operating hours of the restaurant and bar; there are no physical changes to the project. Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less-than-significant. The application proposes only to revise the operating hours of the restaurant and bar; there are no physical changes to the project. C. Based on these findings and all evidence in the record, the Planning Commission concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of the Modification of Conditional Use Permit DRC2005-00764. d. Pursuant to the requirements of California Fish and Game Code Section 711.4 and Title 14 of the California Code of Regulations, Section 753.5,the Planning Commission finds, based on the Initial Study, the Mitigated Negative Declaration, and considering the record as a whole, that there is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. The application proposes only to revise the operating hours of the restaurant and bar; there are no physical changes to the project. Based on substantial evidence, the Planning Commission hereby makes a declaration rebutting the presumption of adverse effect as set forth in California Department of Fish and Game Regulation 753.5 (Title 14 of the California Code of Regulations Code, Section 753.5.) 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby amends their Resolution No. 06-01 by adding the following new Planning Department condition: 15) The operating hours shall be Sunday through Thursday from 11:00 a.m.to 12:00 midnight and Friday and Saturday from 11:00 a.m. to 1:00 a.m. 6. The Secretary to this Commission shall certify the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF AUGUST 2006. PLANNIN MISSION OF THE CITY OF RANCHO CUCAMONGA BY: Pam PIWart, Chairman ATTEST: Ja s R. Troyer, AICP, Se retary I, James R.Troyer,AICP, 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 9th day of August 2006, by the following vote-to-wit: PLANNING COMMISSION RESOLUTION NO. 06-73 DRC2005-00764— ENTREPRENEURIAL RESTAURANTS CORPORATION August 9, 2006 Page 4 AYES: COMMISSIONERS: FLETCHER, MACIAS, McPHAIL, MUNOZ, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE