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HomeMy WebLinkAbout17-67 - Resolutions - California Denying Appeal DRC2017-00437 And Upholding The City Planners's Approval RESOLUTION NO. 17-67 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING APPEAL DRC2017- 00437 AND UPHOLDING THE CITY PLANNER'S APPROVAL OF CONDITIONAL USE PERMIT DRC2016-00021,APPROVING A REQUEST TO OPERATE A DRIVE-THRU COFFEE SHOP IN A 6,484 SQUARE FOOT ADDITION TO THE HAVEN VILLAGE COMMERCIAL CENTER LOCATED IN THE NEIGHBORHOOD COMMERCIAL (NC) DISTRICT AT THE SOUTHEAST CORNER OF HAVEN AVENUE AND LEMON AVENUE;AND MAKING FINDINGS IN SUPPORT THEREOF - APNs: 1087-081-12, 19 THROUGH 24. A. Recitals. 1. On the 9th day of May 2017, the City Planner of the City of Rancho Cucamonga administratively approved Conditional Use Permit DRC2016-00021. 2. The law offices of Jung &Yuen, LLP filed an application for the appeal of a City Planner approval of Conditional Use Permit DRC2016-00021, as described in the title of this Resolution. Hereinafter in this Resolution, the subject appeal request is referred to as "the application." 3. On the 22nd day of May 2017,the City of Rancho Cucamonga received a timely appeal of Conditional Use Permit DRC2016-00021. 4. On the 28th day of June 2017, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. 5. 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 substantial evidence presented to this Commission during the above- referenced public hearing on June 28, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The Haven Village Commercial Center is located at the southeast corner of Haven Avenue and Lemon Avenue and is within the Neighborhood Commercial (NC) District; and b. The Planning Commission approved Conditional Use Permit DRC2008-00464,for the expansion of the Haven Village Commercial Center on January 29, 2009. That approval included a Condition of Approval requiring a Conditional Use Permit be filed for the operation of the drive-thru lane that was a part of that project; and c. Conditional Use Permit DRC2016-00021 was submitted for the operation of drive- thru lane related to the operation of a 1,802 square foot coffee shop; and PLANNING COMMISSION RESOLUTION NO. 17-67 THE CITY'S PLANNER APPROVAL OF CONDITIONAL USE PERMIT DRC2016-00021 June 28, 2017 Page 2 d. The Parking and Circulation Analysis submitted for the Conditional Use Permit concludes that the drive-thru lane is of adequate length to meet the peak hour demand of a drive- thru coffee shop. 3. Based upon the substantial evidence presented to this Commission during the above- referenced meeting and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. CC&Rs are a private contract between two or more parties and apply solely to the contracting parties and not to unrelated third parties. The City is not required to follow or even reference the CC&Rs when considering an application, as the City is not a party to the CC&Rs.The land use approval by the City is rather governed by the terms of State and local law and any potential violations of the CC&Rs is a civil matter between the contracting parties. b. The Parking and Circulation Analysis submitted for the project demonstrates that at no time does the available parking in any of the 5 parking zones in the center fall below having a 10 percent parking buffer, including the parking necessary to support an additional 4,340 square feet of food uses. c. All parcels within the subject commercial center are subject to a reciprocal parking agreement, which does permit the owner of any parcel within the center to claim sole ownership of parking spaces within their parcel or to restrict use by the owner of another parcel within the center. d. All conditions of approval related to Conditional Use Permit DRC2008-00464 have been completed to the satisfaction of the City Planner. e. The proposed drive-thru coffee shop is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code, Municipal Code, General Plan, and any applicable Specific Plans or City regulation/standards. The project site is within Neighborhood Commercial (NC) zoning district, which permits restaurants with drive-thru lanes subject to the approval of a Conditional Use Permit.A traffic study(Advantec Consulting Engineers; March 2017) was submitted with the proposed Conditional Use Permit (DRC2016-00021), which concludes that the drive-thru lane provides adequate vehicle stacking for the proposed use. f. The site is physically suited for the type, density, and intensity of the proposed drive-thru coffee shop, including access, utilities, the absence of physical constraints, and can be conditioned to meet all related performance criteria and Development Standards.The project site is within a much larger commercial center which includes 2 other restaurants with drive-thru lanes (McDonald's and Del Taco) and is well suited for the proposed use. The commercial center is located adjacent to the 210-Freeway and provides adequate vehicle ingress and egress and vehicle stacking for the proposed drive-thru coffee shop. g. Granting the permit 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. The proposed drive-thru coffee shop is of similar nature to the other businesses within the commercial center and is not expected to negatively impact the other tenants within the commercial center or property owners in the surrounding area. 4. Planning Department staff determined that the project is categorically exempt from the requirements of the California Environmental Quality Act(CEQA) and the City's CEQA Guidelines. PLANNING COMMISSION RESOLUTION NO. 17-67 THE CITY'S PLANNER APPROVAL OF CONDITIONAL USE PERMIT DRC2016-00021 June 28, 2017 Page 3 The project qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301 — Existing Facilities -which covers the operation, permitting and leasing of existing structures. The project scope is for the operation of a drive-thru coffee shop within an existing commercial center. Staff finds that there is no substantial evidence that the project will have a significant effect on the environment. The City Planner has reviewed staff's determination of exemption, and based on her own independent judgment, concurs with staff's determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby denies appeal DRC2017-00437 and approves the Conditional Use Permit DRC2017-00021 subject to each and every condition set forth in the City Planner's approval letter dated May 9, 2017 for Conditional Use Permit DRC2016-00021 subject to each and every condition set forth in the attached standard conditions incorporated herein by this reference. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF JUNE 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ancisco Oaxaca, Chairman ATTEST: Candy Burnett, Secretary I, Candyce Burnett, 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 28th day of June 2017, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOX, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE Conditions of Approval RANCHO CUC.A Md1iA'ONGA Community Development Department ti Project#: DRC2016-00021 DRC2016-00022 Project Name: Haven Village Expansion Location: 6417 HAVEN AVE -020127223-0000 Project Type: Conditional Use Permit Minor Exception ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 1. To reduce any potential parking conflicts within the Haven Village commercial center, the following parking reduction measures shall be employed. • The parking monitor with vehicle shall monitor the parking lot and shuttle employees to Zone 5 during peak parking times. • The coffee shop tenant shall configure their customer's wifi connections to automatically disconnect after 1 hour of use to avoid having customers linger. • The tenants of the 6,484 expansion area shall request that their employees park in Zone 5 (as indicated in the parking study in file) • The 2,538 square foot restaurant tenant shall provide short term (15-20 mins) parking stalls dedicated to pick up of take-out orders only in order to reduce the time patrons are utilizing the available parking. 2. Any modification or intensification of the approved use, including any increase in square footage, improvements including new building construction, and/or other modifications/intensification beyond what is specifically approved by this Conditional Use Permit, shall require the review and approval by the City Planner prior to submittal of documents for plan check/occupancy, construction, commencement of the activity, and/or issuance of a business license. The City Planner may determine that modifications or intensifications of use require that this Conditional Use Permit be modified and/or an updated environmental analysis be completed as required under the California Environmental Quality Act (CEQA). 3. All temporary events shall be reviewed by the Planning Department and approval by the City Planner prior to submittal of documents for construction, commencement of the activity or event, and/or issuance of a business license. Chapter 17.104 (Temporary Uses). 4. Add your condition here! 5. Per Section 17.66 of the Rancho Cucamonga Development Code, the applicant shall comply with all performance standards including, but not limited to, noise and vibration standards. 6. If operation of this Conditional Use Permit causes adverse effects upon adjacent residences, businesses, or operations including, but not limited to noise, loitering, parking, or disturbances, or if any of the Conditions of Approval are not fulfilled properly, the Conditional Use Permit shall be brought before the City Planner for consideration and possible suspension, modification or revocation. www.CityofRC.us Printed:6/12/2017 Project#: DRC2016-00021 DRC2016-00022 Project Name: Haven Village Expansion Location: 6417 HAVEN AVE - 020127223-0000 Project Type: Conditional Use Permit Minor Exception ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 7. 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. 8. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption fee in the amount of $50.00. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing or within 5 days of the date of project approval. 9. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 5 years from the date of approval or a time extension has been granted. 10. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. www.CityofRC.us Printed:6/12/2017 Page 2 of 2