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HomeMy WebLinkAbout09-06 - Resolutions RESOLUTION NO. 09-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPEAL OF THE APPLICANT AND APPROVING THE CONDITIONAL USE PERMIT DRC2008-00616, A REQUEST TO OPERATE A CONVENIENCE MARKET WITH SALES OF DISTILLED SPIRITS ON THE NORTHEAST CORNER OF MILLIKEN AVENUE AND 4TH IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 12); AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0229-341-23. A. Recitals. 1. Mr. Nidal Samaan, filed an application for the issuance of Conditional Use Permit DRC2008-00616, 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 25th day of August 2008 and on the 23rd day of October 2008 the Planning Director of the City of Rancho Cucamonga denied the application with the appropriate findings enumerated and informed the applicant of their right to appeal under prescribed procedures. 3. The decision represented by said Planning Director determination was appealed in a timely manner to this Commission. 4. On December 10, 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the appeal and continued the hearing to the January 14, 2009 meeting. 5. On January 14, 2009, the Planning Commission of the City of Rancho Cucamonga concluded the public hearing on the application. 6. 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 December 10, 2008 and continued to January 14, 2009, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a site that is located on the northeast corner of Milliken Avenue and 4th Street in the Industrial Park district (Subarea 12); and PLANNING COMMISSION RESOLUTION NO. 09-06 DRC2008-00616 - MILLIKEN MARKET January 14, 2009 Page 2 b. The proposed site is presently developed with commercial, retail, and professional buildings; and C. The most recent application proposes the establishment of a convenience market with sales of distilled spirits; and d. The proposal is for a convenience market with sales of distilled spirits which requires a Conditional Use Permit pursuant to Rancho Cucamonga Municipal Code, Title 17, Development Code Section 17.30.030; and e. The applicant's business will occupy approximately a 1,950 square foot unit of a six-unit building, located on the northeast corner of Milliken Avenue and 4th Street. The other five units are commercial/retail and professional office uses, such as a dentist office, financial services office, dry cleaner, nail salon, and an orthopedic foot service. In addition to selling distilled spirits, the market will sell a large amount of non-alcoholic beverages, such as groceries, a variety of packaged food, soft drinks, and ice; and f. The business will be open seven days a week: Monday through Thursday and on Sundays, 8:00 a.m. to 10:00 p.m.; Friday and Saturday, 8:00 a.m. to 11:00 p.m. The proposed business hours are consistent with the usual retail work hours. There will be two employees during business hours at all times and no employee will be under 21 years of age; and g. 37% (percent) of the maximum floor area will be strictly reserved for sales of distilled spirits and 63% (percent) of the floor area will be for general market items; and h. The applicant is not proposing extra floor area to the existing shopping center; therefore, the market will not require any additional parking spaces above and beyond that which is required by the shopping center as a whole; therefore, the proposed business does not have a negative effect on the rest of the shopping center; and i. There are no public safety concerns. A records check with the Department of Alcoholic Beverage Control regional office and with the City of Rancho Cucamonga Sheriff Department confirms that there is-no history of disciplinary actions or infractions against Milliken Market since it is a new business establishment. 3. Based upon the substantial evidence presented to the Planning Director 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 operation of the proposed use, complies with each of the applicable provisions of the Development Code. PLANNING COMMISSION RESOLUTION NO. 09-06 DRC2008-00616 - MILLIKEN MARKET January 14, 2009 Page 3 4. 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 as a Class 1 exemption under State CEQA Guidelines Section 15301 which covers the permitting of existing facilities whose use requires a special permit. Because the applicant only proposes to utilize an existing unit of multi-tenant building, there is no substantial evidence that the project will have a adverse effect on the environment. The Planning Director 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 Director 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. Panning Department: 1) Approval is granted for an approximately 1,950 square foot unit convenience market, located at 9635 Milliken Avenue. 2) Throughout the life of the business 37% (percent) of the maximum floor area will be strictly reserved for sales of distilled spirits and 63% (percent) of the floor area shall be at all times sales of general market items. 3) The licensee shall at all times maintain records which reflect separately the gross sale of groceries, food, and non-alcoholic beverages, and the gross sales of distilled spirits and alcoholic beverages. The said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Planning Department on demand. 4) There shall be no change or modification of the floor plan without prior review and approval by the Planning Director. A copy of the approved floor plan is attached to this resolution and the full sized plan shall remain on file. 5) The days and hours of operation shall be limited to 8:00 a.m. to 10:00 p.m., Monday through Thursday and on Sunday; and 8:00 a.m. to 11:00 p.m. Friday and Saturday. 6) Business sign(s) shall comply with the existing Uniform Sign Program of Town Place Square Center. The text of the signs shall be limited to the name of the business and all signs describing products or services provided by the business shall be prohibited. Furthermore, prior to the building permit issuance, a sign package PLANNING COMMISSION RESOLUTION NO. 09-06 DRC2008-00616 - MILLIKEN MARKET January 14, 2009 Page 4 shall be reviewed for approval by the Planning Director prior to installation. Advertising shall be in conformance with the City's Sign Ordinance. 7) The applicant shall discourage loitering in front of the store and the adjacent parking area and keep those areas free of trash. 8) Approval of this request shall not waive compliance with any sections of the Uniform Building Code, City Ordinances, San Bernardino County Health Department, and/or California State Department of Alcoholic Beverages Control (ABC). 9) 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 shall be brought before the Planning Director for consideration and possible termination of the use. 10) Any modification of the operating hours or days or any intensification of the use beyond what is specifically approved by this Conditional Use Permit shall require review and approval by the Planning Director. 11) 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 Secretary of the Planning Commission of the City of Rancho Cucamonga is hereby directed to certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JANUARY 2009. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY:� �P Richard B. Fletcher, Chairman '" t- JA ATTEST: James Troyer, AICO, Secr ary PLANNING COMMISSION RESOLUTION NO. 09-06 DRC2008-00616 - MILLIKEN MARKET January 14, 2009 Page 5 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 14th day of January, 2009 by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE k COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: DRC20080-00616 SUBJECT: NON CONSTRUCTION CONDITIONAL USE PERMIT APPLICANT: MILLIKEN MARKET LOCATION: 9635 MILLIKEN AVENUE -APN: 0229-341-23 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. 09-06, 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. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: Notice of Exemption - $50 _X 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. SC-12-08 1 hPLANNINGTINALTLNGCOM2009 Res&StfRpt\DRC2008-00616stndcondl-14.doc Project No.DRC2008-00616 Completion Date C. 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. D. Signs 1. The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Department prior to installation of any signs. 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. General Requirements 1. Submit five complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan, C. Floor Plan; d. Ceiling and Roof Framing Plan, e. Electrical Plans(2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams, f. Plumbing and Sewer Plans, including isometrics, underground diagrams,water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning, and g. Planning Department Project Number (i.e., DRC2008-00616) clearly identified on the — outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the Building and Safety Department. 6. Developers wishing to participate in the Community Energy Efficiency Program (CEEP) can contact the Building and Safety Department staff for information and submittal requirements. 2 I:\PLANNING\FINAL\PLNGC0MM\2009 Res&StfRpt\DRC2008-00616stndcondl-14.doc Project No.DRC2008-00616 Completion Date F. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number(i.e., DRC2008-00616). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday or holidays. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: G. Security Lighting 1. All buildings shall have minimal security lighting to eliminate dark areas around the buildings,with direct lighting to be provided by all entryways. Lighting shall be consistent around the entire development. H. Building Numbering 1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime visibility. I. Alarm Systems 1. Install a burglar alarm system and a panic alarm if needed. Instructing management and employees on the operation of the alarm system will reduce the amount of false alarms and in turn save dollars and lives. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR CONDITIONS 3 I:\PLANNINGTINAL\PLNGCOMM\2009 Res&StfRpt\DRC2008-00616stndcondl-14.doc