HomeMy WebLinkAbout07-10 - Resolutions RESOLUTION NO. 07-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING
MODIFICATION OF NON-CONSTRUCTION CONDITIONAL USE
PERMIT DRC2005-00256, A REQUEST TO MODIFY AN
APPROVED CONDITIONAL USE PERMIT BY ADDING
ENTERTAINMENT CONSISTING OF KARAOKE,A SOLO SINGER,
SMALL BAND,AND DISK JOCKEY PERFORMANCES FOR AN EL
TORITO RESTAURANT OF ABOUT 7,200 SQUARE FEET.IN THE
REGIONAL RELATED COMMERCIAL DISTRICT, LOCATED ON
THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND
1-15 FREEWAY;AND MAKING FINDINGS IN SUPPORT THEREOF;
APN: 0229-021-58.
A. Recitals.
1. Art Rodriguez and Associates,on behalf of Real Max Restaurants, Inc, owner of EI Torito
Restaurant, has filed an application to modify Conditional Use Permit No. DRC2005-00256 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 28th day of February 2007, 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. The Planning 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 the Planning Commission during the
above-referenced public hearing on February 28, 2007 including written and oral staff reports,
together with public testimony, the Planning Commission hereby specifically finds as follows:
a. The application applies to EI Torito, a restaurant of about 7,200 square feet,that is
part of a commercial complex comprised of five buildings southwest of the intersection of Foothill
Boulevard and Interstate 15. This complex is currently under construction; and
b. The applicant has submitted an Entertainment Permit application to allow
entertainment activities consisting of performances by karaoke singers, a solo singer, small bands,
and recorded music played by a diskjockey at various times during the restaurant's operating hours;
and
C. The subject property and all properties to the west are zoned Regional Related
Office/Commercial (RRO/C), Victoria Community Plan, while the properties to the north are zoned
Mixed Use (MU),Victoria Community Plan. To the east and south,following a diagonal alignment, is
Interstate 15; and
PLANNING COMMISSION RESOLUTION NO. 07-10
DRC2005-00256 —ART RODRIGUEZ AND ASSOCIATES
February 28, 2007
Page 2
d. The subject property is surrounded on the west and north by commercial buildings;
and
e. The hours of operation will be Monday through Thursday from 11:00 a.m. to
11:00 p.m., and Friday through Sunday from 9:00 a.m. to 11:00 p.m.; and
f. There are no physical changes to the restaurant proposed except for minor interior
revisions. Nor are there any changes proposed to the project site.
3. Based upon the substantial evidence presented to the Planning Commission during the
above-referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1
and 2 above, the Planning 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; and
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; and
C. The application, which contemplates modifications to the operations of the
proposed use, complies with each of the applicable provisions of the Development Code.
4. The Planning Commission hereby finds and determines that the project identified in this
Resolution is categorically exempt from the requirements of the California Environmental Quality Act
of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15303(c)of
the State CEQA Guidelines.
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above,
the Planning 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) Conditional Use Permit Modification approval is foradding entertainment.
This entertainment shall be limited to performances by karaoke singers,
a solo singer, small bands, and recorded music played by a disk jockey
at EI Torito Restaurant located at 12369 Foothill Boulevard in the
Regional Related Office/Commercial (RRO/C) District, Victoria
Community Plan.
2) The hours of operation for the restaurant shall be Monday through
Thursday, 11:00 a.m. - 11:00 p.m., Friday and Saturday 10:00 a.m. to
1:00 a.m., and Sunday 9:00 a.m. - 11:00 p.m. Any modification of these
hours shall require the review and approval by the Planning Commission
of a modified Conditional Use Permit and modified Entertainment Permit.
PLANNING COMMISSION RESOLUTION NO. 07-10
DRC2005-00256 —ART RODRIGUEZ AND ASSOCIATES
February 28, 2007
Page 3
3) The proposed entertainment is approved as an accessory to the
restaurant use. A full menu of food must be served during all hours that
entertainment is provided. The construction or dedication of any part of
the existing floor area for entertainment, such as a stage, dance floor, or
a separate room is not permitted. Any requests to do so shall require the
review and approval by the Planning Commission of a modified
Conditional Use Permit and modified Entertainment Permit.
4) A minimum of one duly licensed, certified or trained, and regularly
employed security guard from a reputable security firm shall be required
to be on the premises during the scheduled hours when entertainment is
Provided until the parking lot is cleared after the closing of business. The
guard shall be in peace officer attire and shall remain on duty in the
parking area and outside adjacent areas of the facility to avert problems
such as loud noise, disorderly conduct from patrons or anyone in the
parking lot, loitering activities, and any other nuisances or disturbance.
The applicant shall provide documentation verifying this condition such
as a security services contract.
5) All entertainment activities shall be limited to the interior of the restaurant.
6) Approval of this request shall not waive compliance with any sections of
the Development Code, State Fire Marshal's regulations, Uniform
Building Code, or any other City Ordinances.
7) The business shall be operated in conformance with the performance
standards as defined in the Development Code including, but not limited
to, noise levels. If operation of the facility causes adverse effects upon
adjacent businesses or operations, the Conditional Use Permit may be
reviewed by the Planning Commission for consideration and possible
termination of the use.
8) Any modification or intensification of the use beyond what is specifically
approved by this Conditional Use Permit shall require review and
approval by the Planning Commission.
9) All signs, including special advertising or event signs, are subject to
Uniform Sign Program #180 and the City's Sign Ordinance. A Sign
Permit application is required for review and approval by the Planning
Department prior to installation.
PLANNING COMMISSION RESOLUTION NO. 07-10
DRC2005-00256-ART RODRIGUEZ AND ASSOCIATES
February 28, 2007
Page 4
6. The Secretary shall certify to the adoption of this Resolution.
APPROVED ND A PT T S 28TH DAY OF FEBRUARY 2007.
BY: /
Pam Stew 7K,
Chairman
ATTEST: // -
Jame Troyer, AICP, Secret
I, James R. Troyer,AICP, Secretary to the Planning Department for 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 February 2007, by the following vote-
to-wit:
AYES: COMMISSIONERS: FLETCHER, McPHAIL, MUNOZ, STEWART
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MACIAS
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT #: DRC2005-00256
SUBJECT: MODIFICATION OF CONDITIONAL USE PERMIT
APPLICANT: ART RODRIGUEZ &ASSOCIATES (FOR REAL MEX RESTAURANTS, INC.)
LOCATION: 12369 FOOTHILLB BOULEVARD - APN: 0229-021-58
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 Resolution of Approval No. 07-10, 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. Conditional Use Permit 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. 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, the Victoria Specific Plan.
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Project No.DRC2005-00256
Completion Dale
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.
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.
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