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HomeMy WebLinkAbout14-42 - Resolutions RESOLUTION NO. 14-42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT MODIFICATION DRC2014-00774, A REQUEST TO MODIFY AN APPROVED CONDITIONAL USE PERMIT (DRC2012-00057) TO INCREASE THE HOURS OF OPERATION IN ORDER TO OPEN EARLIER FOR AN EXISTING RESTAURANT AND BAR(SIXTY6 SPORTS LOUNGE) LOCATED AT THE SOUTHEAST CORNER OF FOOTHILL BOULEVARD AND VINEYARD AVENUE WITHIN THE SPECIALTY COMMERCIAL(SC) DEVELOPMENT DISTRICT AT 8916 FOOTHILL BOULEVARD, SUITE K1 - APN: 0208-101-23; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. SSRB Group Inc., filed an application for the issuance of Conditional Use Permit (Modification) DRC2014-00774, 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 24th day of September 2014, 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 September 24, 2014, 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 centers 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 proposes expanding hours of operation in order to open at 9:00 a.m., seven days per week, for the operation of a restaurant and bar with entertainment and outdoor eating areas totaling 7,597 square feet at the Thomas Winery Plaza in the historic Thomas Winery PLANNING COMMISSION RESOLUTION NO. 14-42 DRC2014-00774— SSRB GROUP, INC. September 24, 2014 Page 2 building; and 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 allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code, Municipal Code, General Plan, and any applicable Specific Plans or City regulations/standards. Restaurants with bars are permitted within the Specialty Commercial (SC) Development District with the approval of a Conditional Use Permit (Development Code Table 17.30.030-1). Modification of an approved Conditional Use Permit, including changes in the hours of operation, require that the project be reviewed and approved by the same approving authority as the original permit (Development Code Section 17.14.100). The existing business is in accordance with General Plan Policy LU-1.3 which encourages commercial centers to provide a broad range of retail and service needs for the community. The project site is in conformance with the Development Code as it relates to parking, setbacks, height, etc. b. The site is physically suited for the type, density, and intensity of the proposed use including access, utilities, and the absence of physical constraints and can be conditioned to meet all related performance criteria and development standards. The existing business occupies a building that is in conformance with the Development Code as it relates to parking, setbacks, height, etc., and conditions of approval have been imposed to ensure that the use will comply with the Performance Standards set forth in Section 17.66.050 of the Development Code and will not create adverse impacts upon adjacent uses. C. Granting the modification would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located. Conditions have been imposed to ensure the proper service of alcohol to patrons, and the building complies with all applicable Fire and Building Codes. 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 Section15301 - Existing Facilities. Because the project only involves expanding the hours of operation to open earlier, staff concludes that there is no substantial evidence that the project will 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 COMMISSION RESOLUTION NO. 14-42 DRC2014-00774—SSRB GROUP, INC. September 24, 2014 Page 3 Planning Department 1) Approval is hereby granted to expand the hours of operation as stated in Condition of Approval No. 3 to open at 9:00 a.m., seven days per week, for the operation, sale and service of alcoholic beverages (i.e., beer, wine, and distilled spirits) in conjunction with a 7,597 square foot restaurant and bar with outdoor dining in the Specialty Commercial District of Subarea 2 of the Foothill Boulevard District, located at the northeast corner of Foothill Boulevard and Vineyard Avenue at 8916 Foothill Boulevard—APN: 0208-101-23. The restaurant use shall be a "bona fide eating place" as defined in California Business and Professions Code Section 23038. 2) All Conditions of Approval, except for hours of operation, related to Conditional Use Permit DRC2012-00057 and Entertainment Permit DRC2012-00058 remain in effect. 3) The days and hours of operation shall be limited to Friday and Saturday: 9:00 a.m. to 2:00 a.m. and Sundays through Thursday: 9:00 a.m. to 12:00 a.m. 4) The Planning Commission will conduct a review of the business operations within 6 months of the date of this resolution to confirm the business is operating fully within the conditions set forth by the original Conditional Use Permit DRC2012-00057 and this modification DRC2014-00774. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF SEPTEMBER 2014. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Ravenel Wimberly, Chairman ATTEST: !Oz� J . Bloom, DCM I, Jeffrey A. Bloom, Deputy City Manager Economic & Community Development 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 24th day of September 2014, by the following vote-to-wit: PLANNING COMMISSION RESOLUTION NO. 14-42 DRC2014-00774—SSRB GROUP, INC. September 24, 2014 Page 4 AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ,OAXACA,WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE