HomeMy WebLinkAbout06-86 - Resolutions RESOLUTION NO. 06-86
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING MODIFICATION OF CONDITIONAL
USE PERMIT DRC2004-001128 WITHIN THE COMMUNITY COMMERCIAL
DISTRICT (SUBAREA 4), LOCATED ON THE NORTH SIDE OF FOOTHILL
BOULEVARD, APPROXIMATLEY 600 FEET WEST OF ETIWANDA AVENUE;
AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0227-221-03, 07, 22,
23, AND 24.
A. Recitals.
1. Frank An filed an application for the issuance of a Modification to Conditional Use Permit
DRC2004-01128, 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 November 9, 2005, "International Restaurant Village" was approved by the Planning
Commission with a total of 10 freestanding restaurant buildings and 2 retail buildings totaling
51,200 square feet.
3. On September 27, 2006,the Planning Commission conducted a duly noticed public hearing on
the application and concluded said hearing on that date.
4. 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 27, 2006, 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 on the north side of Foothill Boulevard,600
feet west of Etiwanda Avenue with a street frontage of 367 feet and lot depth of 597 feet, and is presently
improved with curb and gutter; and
b. The property to the north of the subject site is Multi-Family Residential,the property to the
south consists of Foothill Boulevard, the property to the east is Community Commercial with a small liquor
store, and the property to the west is Sacred Heart Church;
C. The application proposes the modification to the original Conditional Use Permit to allow
fast food restaurant/take out tenants in Building"C, and a retail shop in Building"L"with a slight shit in the
floor plan, with no additional fast food/take out uses, and a modification of the parking lot to provide the
additional three parking spaces required for fast food restaurant uses and;
d. The project,together with the recommended conditions of approval, meets development
standards for the City of Rancho Cucamonga and the Foothill Boulevard Specific Plan.
PLANNING COMMISSION RESOLUTION NO. 06-86
DRC2004-01128 (MOD)— FRANK AN
September 27, 2006
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. Based upon the facts and information contained in the application, together with all written and
oral reports included for the environmental assessment for the application,the Planning Commission finds
that no subsequent or supplemental environmental document is required pursuant to the California
Environmental Quality Act (CEQA) in connection with the review and approval of this application based
upon the following findings and determinations:
a. Pursuant to the California Environmental Quality Act("CEQA")and the City's local CEQA
Guidelines, the City adopted a Mitigated Negative Declaration on November 9,2005, in connection with the
City's approval of Conditional Use Permit DRC2004-01128 and Tentative Parcel Map SUBTPM16767.
Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration
is required in connection with subsequent discretionary approvals of the same project unless: (i)substantial
changes are proposed to the project that indicate new or more severe impacts on the environment; (ii)
substantial changes have occurred in the circumstances under which the project was previously reviewed
that indicates new or more severe environmental impacts; or (iii) new important information shows the
project will have new or more severe impacts than previously considered; or (iv) additional mitigation
measures are now feasible to reduce impacts or different mitigation measures can be imposed to
substantially reduce impacts.
b. The Planning Commission finds, in connection with the Modification of Conditional Use
Permit DRC2004-01128 that substantial changes to the project or the circumstances surrounding the
project have not occurred which would create new or more severe impacts than those evaluated in the
previous Mitigated Negative Declaration. The project modification includes a minor change of use, from a
sit-down restaurant use to a take out restaurant use, and a building footprint modification which will not
adversely impact the site. Staff further finds that the project will not have one or more significant effects
not discussed in the previous Mitigated Negative Declaration, not have more severe effects than previously
analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the
project to a level of less-than-significant. The revisions to the site plan are very minor and do not effect the
project as a whole.
C. Based on these findings and all evidence in the record, the Planning Commission concurs
with the staff determination that no additional environmental review is required pursuant to CEQA in
connection with the City's consideration of the Modification of Conditional Use Permit DRC2004-01128.
d. Pursuant to the requirements of California Fish and Game Code Section 711.4 and Title
14 of the California Code of Regulations, Section 753.5, the Planning Commission finds, based on the
Initial Study, the Mitigated Negative Declaration, and considering the record as a whole, that there is no
evidence before the City that the proposed project will have the potential for an adverse effect on wildlife
resources or the habitat upon which the wildlife depends. The revisions to the site plan are very minor and
PLANNING COMMISSION RESOLUTION NO. 06-86
DRC2004-01128 (MOD) — FRANK AN
September 27, 2006
Page 3
do not effect the project as a whole. Based on substantial evidence, the Planning Commission hereby
makes a declaration rebutting the presumption of adverse effect as set forth in California Department of
Fish and Game Regulation 753.5 (Title 14 of the California Code of Regulations Code, Section 753.5.)
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) No entertainment is approved by this permit. Any entertainment, as defined
by Rancho Cucamonga Municipal Code Chapter 5.12, shall require a
separate application and approval of an entertainment permit.
2) Outdoor dining shall not be allowed unless approved by the Planning
Commission by modification of this Conditional Use Permit,excepting that the
Planning Director shall have authority to approve reductions in interior floor
areas to allow a like increase in outdoor dining area provided that the
combined total indoor and outdoor restaurant floor area does not exceed
39,270 square feet. Increasing the combined total indoor and outdoor
restaurant floor area to greater than 39,270 square feet may be allowed if the
developer submits a shared parking study prepared pursuant to Development
Code Section 17.12.040.E. subject to approval by Planning Commission by
modification of this Conditional Use Permit.
3) Any additional modifications to the buildings will require a modification to the
Conditional Use Permit, and shall be brought back to Planning Commission
for review.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
AP D AND ADOPTED THIS 27TH DAY OF SEPTEMBER 2006.
PLAN IN OM O T ISSION E CITY OF RANCHO CUCAMONGA
BY:
Pam Stew Chairman
ATTEST: Sr4W
JamVretary
royer, SecretaiQ
I, James Troyer, 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 27th day of September 2006, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, MACIAS, McPHAIL, MUNOZ, STEWART
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT #: MODIFICATION TO CONDITIONAL USE PERMIT DRC2004-01128
SUBJECT: MODIFICATION TO INTERNATIONAL RESTAURANT VILLAGE
APPLICANT: FRANK AN
NORTH SIDE OF FOOTHILL BOULEVARD, APPROXIMATLEY 600 FEET WEST OF
LOCATION: ETIWANDA AVENUE
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 Dale
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 Resolution of Approval No. 06-86, 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.
B. Time Limits
1. Modification to 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.
C. Site Development
1. 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.
2. 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.
SC-1-05 1
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