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HomeMy WebLinkAbout07-32 - Resolutions RESOLUTION NO. 07-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING MODIFICATION OF CONDITIONAL USE PERMIT NO. 85-37 - DRC2007-00134 TO EXPAND THE FLOOR AREA OF THE EXISTING EL POLLO LOCO FAST FOOD RESTAURANT IN THE DEER CREEK VILLAGE SHOPPING CENTER IN THE GENERAL COMMERCIAL (GC) DISTRICT, LOCATED AT 7746 HAVEN AVENUE;AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 1077-401-31. A. Recitals. 1. Armet Davis of Newlove Architects on behalf of KRC Investment Company, LLC legal owner of EI Pollo Loco, filed an application to the modify Conditional Use Permit No. 87-69, 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 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 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 the property located at 7746 Haven Avenue with a street frontage of 245 feet and lot depth of 165 feet and which is presently improved with a building, parking, and landscaping; and b. The property to the north of the subject site is General Commercial (GC); the property to the south consists of General Commercial (GC); the property to the east is Office Professional (OP) in the Terra Vista Plan Community; and the property to the west is Industrial Park (IP); and C. The EI Pollo Loco restaurant proposes to expand its total floor area by 1,091 square feet for a new total restaurant size of 3,201 square feet. d. The hours of operations will remain the same. The employees working hours will continue to be between 7:30 a.m. and 11:00 p.m. each day of the week; however,the establishment will only be opened to the general public from 9:00 a.m.to 10:00 p.m. Mondaythrough Saturday and 11:00 a.m. to 10:00 p.m. on Sundays; and PLANNING COMMISSION RESOLUTION NO. 07-32 DRC2007-00134—ARMET DAVIS NEWLOVE ARCHITECTS MAY 9, 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. 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 Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301.(e).(2) because the project is in an area where all public services and facilities are available for maximum development,which is permissible per the General Plan. In addition,there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staff's determination of exemption. 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 and in the Standard Conditions, attached hereto and incorporated herein by this reference: Planning Department: 1) The approval is forthe remodeling and addition of 1,091 square feetto the existing EI Pollo Loco fast food restaurant located at 7746 Haven Avenue in the General Commercial (GC) District, in the Deer Creek Village Shopping Center. The total size of the restaurant after remodeling shall be 3,201 square feet. 2) The hours of operations shall remain from 9:00 a.m. to 10:00 p.m. Monday through Saturday and from 11:00 a.m. to 10:00 p.m. on Sundays. Any modification of these hours shall require the review and approval by the Planning Commission of a modified Conditional Use Permit. 3) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 4) The business shall operate in conformance with the performance standards as defined in the Development Code including, but not limited to, noise levels. If the operation of the facility causes adverse effects upon the adjacent businesses or operations, the Conditional Use Permit may be reviewed by the Planning Commission for consideration and possible termination of the use. PLANNING COMMISSION RESOLUTION NO. 07-32 DRC2007-00134—ARMET DAVIS NEWLOVE ARCHITECTS MAY 9, 2007 Page 3 5) Any modification or intensification of the use beyond what is specifically approved by this Conditional Use Permit shall require review and approval by the Planning Commission. 6) All signs, including special advertising or event signs are subject to Uniform Sign Program #180 and the City's Sign Ordinance. A Sign Permit application is required for review and approval by the Planning Department prior to installation. 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: Pam St art, Chairman ATTEST: W��+ Ja s R. Troyer, AICP, Sec* tary 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