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HomeMy WebLinkAbout99-47 - Resolutions RESOLUTION NO. 99-47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR A TIME EXTENSION FOR A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT TO CONSTRUCT A 2,900 SQUARE FOOT DRIVE-THRU FACILITY AND A 5,548 SQUARE FOOT RESTAURANT ON 3.7 ACRES OF LAND IN THE COMMUNITY COMMERCIAL DESIGNATION OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND VINEYARD AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF, APN: 207-211-12 THROUGH 15, 38, AND 40. A. Recitals. 1. Gil Rodriguez Jr. has filed an application for a time extension for the approval of Conditional Use Permit 95-25, as described in the title of this Resolution. Hereinafter in this Resolution, the subject time extension request is referred to as "the application." 2. On May 14, 1997, this Commission adopted its Resolution No. 97-27, thereby approving, subject to specific conditions and time limits, Conditional Use Permit 95-25. 3. On May 26, 1999, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing 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 May 26, 1999, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The previously approved Conditional Use Permit is in substantial compliance with the City's current General Plan, specific plans, ordinances, plans, codes, and policies; and b. The extension of the Conditional Use Permit approval will not cause significant inconsistencies with the current General Plan, specific plans, ordinances, plans, codes, and policies; and c. The extension of the Conditional Use Permit approval is not likely to cause public health and safety problems; and PLANNING COMMISSION RESOLUTION NO. 99-47 TE FOR CUP 95-25 - RODRIGUEZ May 26, 1999 Page 2 d. The extension is within the time limits established by State law and local ordinance; and e. The project was granted an initial approval period of two years. Subsequently, the City Council adopted its Ordinance No.596,which established an approval period of five years with no further time extensions allowed; hence,the project may be extended for up to three years. 3. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration, based upon the findings as follows: a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project which are listed below as conditions of approval. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d)of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth in paragraphs 1 and 2 above, this Commission hereby grants a time extension for Project Applicant Expiration CUP 95-25 Gil Rodriguez, Jr. May 14, 2002 5. This time extension is granted contingent upon the following condition of approval. Planning Division 1) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because PLANNING COMMISSION RESOLUTION NO. 99-47 TE FOR CUP 95-25 - RODRIGUEZ May 26, 1999 Page 3 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. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 26TH DAY OF MAY 1999 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA / r BY:aaLv 4 / s..__ Lard . McNiel, Chairman ATTEST: Brad , Secrets I, Brad Buller, 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 26th day of May 1999, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE 1