HomeMy WebLinkAbout07-43 - Resolutions RESOLUTION NO. 07-43
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE
PERMIT, DRC2007-00283 AMENDING CONDITIONAL USE PERMT 00-44
ALLOWING A CHANGE IN BUSINESS HOURS AND ALLOW
ENTERTAINMENT AT AN EXISTING MEXICAN RESTAURANT WITHIN
THE MASI PLAZA SHOPPING CENTER IN THE INDUSTRIAL PARK
DISTRICT, SUBAREA 7, LOCATED AT 11815 FOOTHILL BOULEVARD;
AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 0229-011-38.
A. Recitals.
1. Alma and Felipe De La Piedra, owners of Felipe's Mexican Restaurant at the above
location, filed an application to amend Conditional Use Permit No. DRCCUP00-44 as described in
the title of this Resolution. Hereinafter, in this Resolution, the subject Conditional Use Permit is
referred to as "the application."
2. On the 25th day of July 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. 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 July 25, 2007, including written and oral staff reports, together
with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to Felipe's Mexican Restaurant located at
11815 Foothill Boulevard, within the Masi Plaza Commercial center with a street frontage of over
1,000 feet along Foothill Boulevard, and which is presently improved with buildings, parking, and
landscaping; and
b. The property to the north of the subject site is zoned Community Commercial(CC)
in the Foothill Boulevard Specific Plan, and the properties to the south, east, and west are zoned
Industrial Park (IP), Subarea 7; and
C. The existing restaurant opened at the subject location in 2000 pursuant to the
approval of Conditional Use Permit 00-44, allowing a bar and the service of alcoholic beverages
(Type 47 ABC License) in conjunction with meals; and
d. The existing restaurant use occupies a lease space of approximately 2,800 square
feet and has an outdoor dining area of approximately 600 square feet; and
PLANNING COMMISSION RESOLUTION NO. 07-43
DRC2007-00283— FELIPE'S MEXICAN RESTAURANT
July 25, 2007
Page 2
e. The applicant has proposed no exterior changes or expansion of the restaurant
except for minor interior revisions to accommodate a small 150 square foot entertainment area;and
f. Felipe's Mexican Restaurant has requested a modification to the existing conditions
of approval to change the existing business hours from 10:00 a.m. to 9:00 p.m. every day to new
hours of 11:00 a.m. to 2:00 a.m., Tuesday through Sunday (closed Mondays) and to allow
entertainment at the restaurant.
g. However, staff finds the proposed late closing hours are not appropriate for a
restaurant use and more like those of a nightclub and/or bar. As such, staff recommends new
business hours from 11:00 a.m. to midnight Sunday to Thursday and 11:00 a.m. to 1:00 a.m. on
Friday and Saturday. These hours allow for extended business opportunity and are more in keeping
with family type of restaurant Felipe's is known to be.
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 request to modify conditions of approval 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; and
C. The application,which contemplates modifications to the operations of the existing
restaurant use, complies with each of the applicable provisions of the Development Code.
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
Section 15301.(e).(2) because the project is in an area were all public services and facilities are
allowed for maximum development which is permissible per the General Plan. In addition, there is
no substantial evidence that the project may 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,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) Approval to amend Conditional Use Permit 00-44 is granted to allow
new business hours and entertainment (subject to the approval of a
separate Entertainment Permit) for the existing full-service restaurant
use at 11815 Foothill Boulevard. All remaining conditions of approval
for of the abovementioned Conditional Use Permit for the restaurant
shall continue to apply.
PLANNING COMMISSION RESOLUTION NO. 07-43
DRC2007-00283— FELIPE'S MEXICAN RESTAURANT
July 25, 2007
Page 3
2) The new business hours for the existing restaurant use shall be
11:00 a.m. to 2:00 a.m. seven days a week. Further changes to these
business hours shall require the review and approval of the Planning
Commission.
3) Indoor entertainment may be allowed at the restaurant subject to
Planning Commission review and approval of a separate Entertainment
Permit. Any entertainment for the restaurant use shall be family
oriented and clearly incidental to the primary restaurant use. All
entertainment activities shall be conducted entirely within the
restaurant building.
4) The restaurant shall continue to offer a full menu of food items cooked
on the premises and served during all hours that alcoholic beverages
are made available for purchase and consumption. At no time shall
alcoholic beverages be served when full menu items are not offered by
the restaurant. No physical expansion of the existing restaurant use
shall be allowed without prior City review and approval and amendment
of this Conditional Use Permit.
5) 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.
6) The business shall operate in conformance with the performance
standards as defined in the Development Code including, but not
limited to, noise levels. If the 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.
7) Any modification or intensification of the use beyond what is specifically
approved by this Conditional Use Permit and Entertainment Permit
shall require review and approval by the Planning Commission.
8) Any modification or expansion of the floor plan which increases dance
floor/entertainment area, "standing" area or expansion.of the bar area
as shown in Exhibit A (attached) shall be brought back to the
Commission for review and approval.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 25TH DAY OF JULY 2007
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
PLANNING COMMISSION RESOLUTION NO. 07-43
DRC2007-00283— FELIPE'S MEXICAN RESTAURANT
July 25, 2007
Page 4•
BY:
Pam tort, Chairman
ATTEST:
Jam R. Troyer, AICP, Secret ry
I, James R. Troyer,AICP, 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 July 2007, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER,HOWDYSHELL,MUNOZ,STEWART,WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
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COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT #: DRC2007-00283 AND DRC2007-00284
SUBJECT: CONDITIONAL USE PERMIT AND ENTERTAINMENT PERMIT
APPLICANT: ALMA AND FELIPE DE LA PIEDRA
LOCATION: 11815 FOOTHILL BOULEVARD -APN: 0229-011-38
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. 07-43 and 07-44, _/_/_
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. Site Development
1. 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.
2. 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.
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Project No.DRC2007-00283 AND DRC2007-00284
Completion Date
3. 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.
C. 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.
D. Environmental
1. Noise levels shall be monitored after construction to verify the adequacy of the mitigation
measures. Noise levels shall be monitored by actual noise level readings taken on-and off-site.
A final acoustical report shall be submitted for Planning Director review and approval prior to final
occupancy release. The final report shall also make recommendations as to additional mitigation
measures to reduce noise levels to below City standards, such as, residential exterior noise
levels to below 60 dBA and interior noise attenuation to below 45 dBA.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S)
E. Existing Structures
1. Upon tenant improvement plan check submittal, additional requirements may be required. —/—I-
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