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HomeMy WebLinkAbout12-33 - Resolutions RESOLUTION NO. 12-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MINOR DEVELOPMENT REVIEW DRC2012-00696, A REQUEST TO CONSTRUCT A 1,093 SQUARE FOOT OUTDOOR DINING AREA AT A RESTAURANT AND BAR WITH ENTERTAINMENT IN THE SPECIALTY COMMERCIAL DISTRICT OF THE FOOTHILL BOULEVARD DISTRICT (SUBAREA 2), LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND VINEYARD AVENUEAT 8916 FOOTHILL BOULEVARD -APN: 0208-101-23; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. SSB Partners Inc., filed an application for the issuance of Conditional Use Permit DRC2012-00057, 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 11th day of July 11, 2012, 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 July 11, 2012, 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 8916 Foothill Boulevard, with a street frontage of approximately 405 feet along Vineyard Avenue (parcel 0208-101-23) and a lot depth of approximately 297 feet. The entire center has street frontages of approximately 744 feet along Vineyard Avenue, and approximately 560 feet along both San Bernardino Road and Foothill Boulevard,which is presently improved with an existing shopping center consisting of pad buildings, inline tenant buildings, parking areas, and landscaping; and b. The properties to the north consist of both office and single-family residences in the Office and Low-Medium zoning Districts respectively, to the south is a commercial strip center and gas station in the Community Commercial District of the Foothill Boulevard District, Subarea 2,to the east and west are shopping center in the Community Commercial District of the Foothill Boulevard District (Subarea 2), and the subject property is in the Specialty Commercial District of the Foothill Boulevard District (Subarea 2); and C. The applicant is proposing to construct a 1,093 square feet outdoor dining area on the north side of a restaurant and bar with entertainment and outdoor dining area at the historic Thomas Winery building; and PLANNING COMMISSION RESOLUTION NO. 12-33 DRC2012-00696— SBC PARTNERS INC July 11, 2012 Page 2 d. The applicant is concurrently processing Entertainment Permit DRC2012-00058 in order to allow live bands, dancing, a disc jockey and karaoke. The partnership is also processing Conditional Use Permit DRC2012-00057 to allow for operation of a 7,597 square foot restaurant and bar with entertainment and outdoor dining; and e. The restaurant with full bar service is a conditionally permitted use in the Specialty Commercial District. 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.The proposed use is in accordance with General Plan Policy LU-6.5 that encourages the re-use and rehabilitation of historic buildings to preserve the unique character of the neighborhood. 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 as conditions have been imposed to ensure the proper service of alcohol to patrons, and the building complies with all applicable Fire and Building Codes. C. The proposed use complies with each of the applicable provisions of the City of Rancho Cucamonga Development Code as the use occupies an existing building that is in conformance with the Development Code as it relates to parking, setbacks, height, etc., and sufficient conditions have been imposed to ensure that the use will comply with the Performance Standards set forth in Section 17.10.050 of the Development Code and will not create adverse impacts upon adjacent uses. 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'!5301 -Existing Facilities because the project does not result in any major interior or exterior alterations. 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 staffs determination of exemption. 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 and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is hereby granted for the construction of a 1,093 square foot outdoor dining area on the north side of a restaurant and bar with entertainment and outdoor dining area at the historic Thomas Winery building in the Specialty Commercial District of Subarea 2 of the Foothill Boulevard District, located at the northeast corner of Foothill PLANNING COMMISSION RESOLUTION NO. 12-33 DRC2012-00696 — SBC PARTNERS INC July 11, 2012 Page 3 Boulevard and Vineyard Avenue at 8916 Foothill Boulevard — APN: 0208-101-23. 2) Entertainment shall not be provided in the outdoor dining areas. Entertainment activities will be conducted entirely within the building. 3) The applicant shall comply with all the conditions of approval for Conditional Use Permit DRC2012-00057 Resolution No. 12-31 and Entertainment Permit DRC2012-00058 Resolution No. 12-32. 4) The design of the outdoor dining area shall compliment the existing historic winery building. All materials, finishes, styles and colors shall match the existing building. 5) No modifications to the floor plan or intensification of the use shall be permitted without prior review and approval by the Planning Department. Engineering Department: 1) Construction and demolition Deposit/ Administration Fee will apply If valuation is over $100,000. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 11TH DAY OF JULY 2012. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA c BY: 7 Luis Munoz, Jr., Chairman ATTEST: Cand a Burnett, Senior Planner I, Candyce Burnett, Senior Planner 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 11th day of July 2012, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: WIMBERLY ABSTAIN: COMMISSIONERS NONE COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS .PROJECT #: DRC2012-00057 AND DRC2012-00696 SUBJECT: CONDITIONAL USE PERMIT AND MINOR DEVELOPMENT REVIEW APPLICANT: SSB PARTNERS INC LOCATION: 8916 FOOTHILL BOULEVARD -APN: 0208-101-23 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval,or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolutions of Approval No. 12-31 and 12-11, Standard Conditions, and all environmental mitigations shall be included on the plans(full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption - $50 X B. Time Limits 1. Conditional Use Permit, Variance, or Development/Design Review approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. SC-12-08 1 Project No. DRC2012-00057 Completion Date C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include site plans,architectural elevations, exterior materials and colors, landscaping,sign program,and grading on file in the Planning Department,the conditions contained herein, Development Code regulations, and the Victoria Gardens Master Plan. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Director review and approval prior to the issuance of building permits. 5. Approval of this request shall not waive compliance with all sections of the Development Code,all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. D. Shopping Centers 1. Graffiti shall be removed within 72 hours. I I 2. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours. 3. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - All commercial activities shall not create any noise that would exceed an exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading-No person shall cause the loading, unloading,opening,closing,or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m. and 7 a.m. unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. E. Building Design 1. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections shall be screened from all sides and the sound shall be buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically more than 18 inches above the roof or roof parapet, shall be screened by an architecturally designed enclosure which exhibits a permanent nature with the building design and is detailed consistent with the building. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically less than 18 inches above the roof or roof parapet shall be painted consistent with the color scheme of the building. Details shall be included in building plans. 2 Project No. DRC2012-00057 Completion Date F. Signs 1. The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Department prior to installation of any signs. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) G. General Requirements 1. Submit five complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan; C. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans(2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams,water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number(i.e., DRC2010-00355 and DRC2010-00356)clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the Building and Safety Department. H. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number(i.e., DRC2012-00057 and DRC2012-00696). The applicant shall comply with the latest adopted California Codes,and all other applicable codes,ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday or holidays. 3. Construct trash enclosure(s) per City Standard (available at the Planning Department's public counter). 3 Project No. DRC2012-00057 Completion Date I. Existing Structures 1. Provide compliance with the California Building Code (CBC) for fire-resistive construction. 2. Provide compliance with the California Building Code for required occupancy separations. 3. Provide draft stops in combustible attic areas and concealed space in accordance with CBC. 4. Provide compliance with the California Building Code for required occupancy separations and mix occupancy ratios. 5. Provide documentation and calculation for compliance with the California Energy Standard regulations. 6. Address on the plans the required compliance with the California Accessibility Standards. 7. Upon tenant improvement plan check submittal, additional requirements may be needed. 4