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Home My WebLink About17-05 - Resolutions - Approving Revocation Of Conditional Use Permit RESOLUTION NO. 17-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING REVOCATION OF CONDITIONAL USE PERMIT NO. DRC2017-00031, A REQUEST BY THE APPLICANT TO REVOKE CONDITIONAL USE PERMIT 97-23, APPROVED ON DECEMBER 10, 1997 THROUGH PLANNING COMMISSION RESOLUTION NO. 97-67, FOR A REQUEST TO ESTABLISH A NIGHT CLUB AND SPORTS BAR, INCLUDING ENTERTAINMENT, D.J. MUSIC, DANCING, SATELLITE TELEVISION, AMUSEMENT DEVICES (POOL TABLE, DART BOARDS) AND ON-SITE CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN AN EXISTING 7,930 SQUARE FOOT BUILDING IN THE MIXED USE (MU) DISTRICT, ON THE NORTH SIDE OF FOOTHILL BOULEVARD, EAST OF HERMOSA AVENUE, LOCATED AT 10134 FOOTHILL BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 1077-601-14. A. Recitals. 1. The applicant, Samir Lakkees, filed an application for the issuance of Conditional Use Permit No. DRC2017-00031, 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 10th day of December 1997, the Planning Commission of the City of Rancho Cucamonga approved Conditional Use Permit 97-23 to establish a night club and sports bar, including entertainment, at 10134 Foothill Boulevard. 3. In 2000, the City accepted an Improvement Agreement and Bonds #67825 to secure performance of the condition of approval requiring construction of the public improvements required for CUP 97-23. 4. On the 13th day of July 2013, the applicant ceased operation of the approved night club and sports bar, including entertainment, at 10134 Foothill Boulevard. 5. On the 26th day of October 2016, the Planning Commission approved Design Review DRC2016-00006 for the development of a 182-unit apartment complex on a project site that includes the project area of Conditional Use Permit 97-23. 6. On the 10th day of January 2017, the applicant submitted a letter requesting rescission of Conditional Use Permit 97-23. 7. On the 18th day of January 2017, the City Council authorized the City Engineer to release the Improvement Agreement and Bonds#67825 for Conditional Use Permit 97-23. 8. On the 25th day of January 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. 9. All legal prerequisites prior to the adoption of this Resolution have occurred. PLANNING COMMISSION RESOLUTION NO. 17-05 REVOCATION DRC2017-00031 (OF CUP 97-23) — SAMIR LAKKEES January 25, 2017 Page 2 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 January 25, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 10134 Foothill Boulevard with a street frontage of 214 feet on Foothill Boulevard and 220 feet on Hermosa Avenue and is presently improved with a closed motel, a closed liquor store, and a closed night club; and b. The property to the north is vacant and further to the north are existing single- family homes; to the east is the Villaggio on Route 66 workforce apartment complex (DRC2006- 00633), and an existing vacant single-family residential house that has been used commercially; to the south is a multi-tenant office building and restaurant (Kick Back Jacks); and to the west are commercial uses (Xtreme Autosound) and an older multi-family residential complex; and c. Following Planning Commission approval of Conditional Use Permit 97-23, the applicant commenced operation of the approved land use, the applicant subsequently submitted requests to modify both the hours of operation and to permit service to patrons 18 and older, and in July 2013 the applicant ceased operation of the night club and sports bar, including entertainment, permitted under Conditional Use Permit 97-23; and d. In 2016, the Planning Commission approved DRC2016-00006, a 182-unit apartment complex, a project whose project area includes the project area of Conditional Use Permit 97-23, and the adjacent liquor store, motel, and vacant land; and e. The parties and investors involved in financing the approved 182-unit apartment complex requested rescission of Conditional Use Permit 97-23 and release of Improvement Agreement and Bonds #67825 to facilitate the sale of the property and the ultimate development of the apartment complex. 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. Circumstances under which the entitlement or permit was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be met. The applicant has ceased operation of the land uses permitted under CUP 97-23 and the project site is included within the project area of a subsequently approved 182-unit apartment complex; and b. The entitlement or permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the entitlement or permit. The land use PLANNING COMMISSION RESOLUTION NO. 17-05 REVOCATION DRC2017-00031 (OF CUP 97-23) — SAMIR LAKKEES January 25, 2017 Page 3 permitted under CUP 97-23 operated for approximately 15 years and was not issued on the basis of any misrepresentation; and c. One or more of the conditions of the permit have not been substantially fulfilled or have been violated. All applicable conditions of approval for CUP 97-23 were satisfied prior to initiation of the approved land use; and d. The use or structure for which the permit was granted has ceased to exist or has lost its legal nonconforming use status. This approved night club use has ceased operation and the subsequent redevelopment of the project site has been approved, which will require further bonding for street improvements along the north side of Foothill Boulevard, east of Hermosa Avenue, and along the east side of Hermosa Avenue, north of Foothill Boulevard; and e. The improvement authorized in compliance with the permit is in violation of any code, law, ordinance, regulation, or statute. Approval of the land use and conditions of approval were consistent with the Development Code; and f. The improvement/use allowed by the permit has become detrimental to the public health, safety, or welfare, or the manner of operation constitutes or is creating a public nuisance. The improvements permitted under CUP 97-23 have not become detrimental to the public health, safety, or welfare, nor has the manner of operation constituted or created a public nuisance; however, because the existing night club, liquor store, and motel buildings are currently vacant they could become a public nuisance should CUP 97-23 not be revoked, the Improvement Agreement and Bonds#67825 not be released, and the approved apartment complex not be built. 4. The Planning Department Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. A project is exempt from CEQA under Section 15061(b)(3) where the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this case, the project involves the revocation of a previously approved Conditional Use Permit for the operation of a night club to allow for the release of an Improvement Agreement and Bond conditioned upon approval of said CUP. Release of the Improvement Agreement and Bond will permit the bonding and development of a subsequently approved apartment complex to complete all necessary and conditioned right-of-way improvements. Additionally, the Planning Department Staff has determined that the project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under Section 15270(a) of the State CEQA Guidelines for projects which are disapproved because the Planning Commissions revocation of the approved Conditional Use Permit is a disapproval of the project which prevents the reestablishment of the approved land use. 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, which fulfill the requirements and findings for Section 17.08.050 for Permit Revocation, this Commission hereby approves the application to revoke Conditional Use Permit 97-23 subject to each and every condition set forth below. PLANNING COMMISSION RESOLUTION NO. 17-05 REVOCATION DRC2017-00031 (OF CUP 97-23) —SAMIR LAKKEES January 25, 2017 Page 4 Planning Department 1) Conditional Use Permit 97-23, approved on December 10, 1997 through Planning Commission Resolution No. 97-67, for a request to establish a night club and sports bar, including entertainment, D.J. music, dancing, satellite television, amusement devices (pool table, dart boards) and on-site consumption of alcoholic beverages within an existing 7,930 square foot building in the Mixed Use (MU) District, on the north side of Foothill Boulevard, east of Hermosa Avenue, located at 10134 Foothill Boulevard is revoked, as requested by the applicant. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF JANUARY 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Francisco Oaxaca, Chairman /-6icit,qr-- ATTEST: Candyce ett, 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 25th day of January 2017, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, OAXACA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: WIMBERLY ABSTAIN: COMMISSIONERS: NONE