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Home My WebLink About07-30 - Resolutions RESOLUTION NO. 07-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR CONDITIONAL USE PERMIT DRC2007-00076, A REQUEST TO DEVELOP A 6,852 SQUARE FOOT FULL SERVICE RESTAURANT WITH BAR ON AN EXISTING 70,000 SQUARE FOOT LOT IN THE PREVIOUSLY APPROVED 7.01 ACRE MASTER PLANNED DEVELOPMENT IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 12), LOCATED AT 11336 4TH STREET AT THE NORTHEAST CORNER OF MILLIKEN AVENUE AND 4TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Wilkus Architects filed an application on behalf of Tahoe Joe's Famous Steakhouse restaurant for the issuance of Conditional Use Permit DRC2007-00076, 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 June 2007, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing to considerthe 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 June 13, 2007, including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a 70,000 square foot lot that is a part of a previously approved 7.01 acre master planned development (Conditional Use Permit DRC2003-00728), located at the northeast corner Milliken Avenue and 4th Street; and b. The surrounding area is developed with a mix of hotels, restaurants, and general commercial uses; and C. The proposed use includes the operation of a full service restaurant with a bar selling alcoholic drinks (i.e., beer, wine, and distilled spirits) for consumption on the premises with meals served by the restaurant; and d. The site has been determined to have adequate parking for the proposed use. PLANNING COMMISSION RESOLUTION 07-30 DRC2007-00076—WILKUS ARCHITECTS June 13, 2007 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 accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located; and 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; and C. The application, which contemplates operation of the proposed use, complies 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 for the environmental assessment for the 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 on January 28, 2004, in connection with the City's approval of Tentative Parcel Map SUBTPM16282 and Conditional Use Permit DRC2003-00728 for the development of the commercial center at the subject location. 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 Conditional Use Permit DRC2007-00076, that no substantial changes have been made that would effect the conclusions made in the previous Mitigated Negative Declaration. The original approval took into consideration that the subject site would be developed with a 7,300 square foot restaurant. This application proposes a 6,852 square foot restaurant and 823 square foot outdoor eating area, well within the scope of the original approval. Therefore, pursuant to CEQA, staff recommends that the Planning Commission concur with staffs determination that no additional environmental review is required in connection with the City's consideration of Conditional Use Permit DRC2007-00076. 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 Conditional Use Permit DRC2007-00076. PLANNING COMMISSION RESOLUTION 07-30 DRC2007-00076—WILKUS ARCHITECTS June 13, 2007 Page 3 5. Based upon the findings and conclusions set forth in Paragraphs 1,2,3,and 4 above,the Planning Commission hereby approves the application, subject to each and every condition set forth below in the Standard Conditions, attached hereto and incorporated herein by this reference: Planning Department: 1) This approval is for the development of a single-story, 6,876 square foot dine-in restaurant, bar, and 823 square foot outdoor patio dining area on Lot 2 of Tentative Parcel Map SUBTPM16282 within the Town Place Square. 2) Approval is also hereby granted for the sale and service of alcoholic beverages (beer, wine, and distilled spirits)for on-site consumption in conjunction with the operation of a full-service restaurant offering a menu with an assortment of food items commonly ordered during various hours of the day. The sale and/or service of alcoholic beverages shall cease when full menu food items are not available to customers. 3) The serving of alcoholic beverages shall be limited to the approved hours for operation of the restaurant, which are Monday through Thursday from 4:00 p.m. to 10:00 p.m., Friday from 4:00 p.m. to 11:00 p.m., Saturday from 3:00 p.m. to 11:00 p.m., and Sunday from 11:00 a.m. to 9:00 p.m. 4) Changes to the operating hours of the restaurant shall be submitted for review and approval by the Planning Director. 5) Approval of this request shall not waive compliance with anysections of the Uniform Building Code, City Ordinances, San Bernardino County Health Department, and/or California State Department of Alcoholic Beverages Control (ABC). 6) The applicant shall be responsible for obtaining a Liquor License appropriate for the on-site sale/service of beer and wine in a restaurant as issued by the California Department of Alcoholic Beverage Control (ABC) for this location. 7) This permit does not allow entertainment. Entertainment activities as defined by Rancho Cucamonga Municipal Code Chapter 5.12, shall require the applicant to obtain a separate Entertainment Permit approval from the Planning Commission. 8) The facility shall operate in conformance with all applicable performance standards as defined in the Development Code including, but not limited to, noise levels. If operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit shall be brought before the Planning Directorfor consideration and possible termination of the use. PLANNING COMMISSION RESOLUTION 07-30 DRC2007-00076 —WILKUS ARCHITECTS June 13, 2007 Page 4 9) All architectural and site plan details submitted for plan check shall be consistent with the plans approved by the Design Review Committee (DRC) on May 1, 2007, and on-file with the Planning Department. 10) Any signs proposed for the restaurant shall be designed in conformance with the City's Sign Ordinance and the Uniform Sign Program for the Town Place Square. Written landlord and Planning Director approval shall be obtained prior to installation of any signs. 11) Pay all applicable fees. 12) All roof-mounted equipment shall be screened from direct view from the street by the parapet wall of the building. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF JUNE 2007. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: "wt_ Pam wart, Chairman ATTEST: 1++ $ Jam I R. Troyer, AICP, Secret ry 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 13th day of June 2007, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE