HomeMy WebLinkAbout10-36 - Resolutions RESOLUTION NO. 10-36
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT
DRC2010-00420, A REQUEST FOR BEER AND WINE SALES FOR OFF-SITE
CONSUMPTION AT AN EXISTING WALGREENS STORE LOCATED IN THE
NEIGHBORHOOD COMMERCIAL DISTRICT, LOCATED AT 6701 CARNELIAN
STREET; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0202-541-60.
A. Recitals.
1. Luce Forward, representing Walgreens store,filed an application for the issuance of Conditional
Use Permit DRC2010-00420, 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 2010, 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 August 25, 2010, 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 at 6701 Carnelian Street, with a total street
frontage of approximately 197 feet on Carnelian Street and 232 feet on 19th Street, which is presently
improved with a commercial drug store with drive thru; and
b. The property to the north of the subject site is zoned Neighborhood Commercial and is
developed with a multi-tenant commercial center; the property to the south is zoned Neighborhood
Commercial and is developed with a multi-tenant commercial center; the property to the east is zoned
Neighborhood Commercial and is developed with a multi-tenant commercial center; and the property to the
west is zoned Neighborhood Commercial and is developed with a multi-tenant commercial center; and
C. The site is currently approved for the operation of a pharmacy with a drive-thru window under
CUP99-10 (Resolution 99-67); and
d. The application proposes to sell beer and wine in addition to their existing product lines,
prescriptions and photo sales by obtaining a Type 20 license from the California Department of Alcoholic
Beverage Control; and
e. The applicant is proposing a maximum sales and storage area of 814 square feet for beer
and wine sales for off-site consumption, which is approximately 5 percent of the total gross floor area.
Walgreens will initially have a total of 62 square feet for sales and storage of beer and wine,which represents
0.3 percent of the total gross floor area. The addition of beer and wine for off-site consumption will constitute
a convenience item in addition to Walgreens retail sales of drug store products.
PLANNING COMMISSION RESOLUTION NO. 10-36
CONDITIONAL USE PERMIT DRC2010-00420— LUCE FORWARD ON BEHALF OF WALGREENS
August 25, 2010
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. 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 as a Class 32 exemption under State CEQA Guidelines Section 15301 (existing facilities),
which covers the permitting of existing structures that involve negligible or no expansion of use. The project
entails reconfiguring existing interior space to stock and sell a new type of item with no expansion or changes
to the existing building. 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, 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) Approval is for Conditional Use Permit DRC2010-00420 for the following: The
addition of beer and wine sales for off-site consumption under a Type 20 ABC
License at an existing Walgreens store located in the Neighborhood Commercial
District, located at 6701 Carnelian Street. The site is currently approved for the
operation of a pharmacy with a drive-thru window under CUP99-10 (Resolution
99-67).
2) The site shall not have more than 5 percent of the total gross floor area
(814 square feet) dedicated to the sale and storage of beer and wine.
3) Any modification or any intensification of the use beyond what is specifically
approved by Conditional Use Permit DRC2010-00420 and the Conditions of
Approval shall require review and approval by the Planning Commission.
Revisions to the hours of operation, a request to operate an ABC license other
than a Type 20, or a*change in operation of the activities/operations as stated in
this Resolution of Approval and Conditions of Approval are subject to the review
and approval of the Planning Commission.
4) The drugstore operator shall adhere to all operations regulations for a Type 20
License as prescribed by the California Department of Alcoholic Beverage
Control. Failure to abide by all applicable ABC Regulations or all Conditions of
Approval shall result in Conditional Use Permit ORC2010-00420 being brought
before the Planning Commission for review. Review by the Planning
Commission for non-compliance with ABC Regulations or Conditions of
PLANNING COMMISSION RESOLUTION NO. 10-36
CONDITIONAL USE PERMIT DRC2010-00420 — LUCE FORWARD ON BEHALF OF WALGREENS
August 25, 2010
Page 3
Approval may result in evidentiary hearing(s), modification(s)to Conditional Use
Permit DRC2010-00420 and possible termination of use.
5) Alcoholic beverages shall not be sold through the drive-thru window.
6) If the approved operation of the business creates law enforcement and/or fire
safety problems, such as, but not limited to, loitering and disturbances, noise,
overcrowding, intoxication at the premises, blocked fire exits, etc., the
Conditional Use Permit shall be brought before the Planning Commission for
consideration of modification and/or revocation.
7) Approval of this request shall not waive compliance with any sections of the
requirements of the Uniform Building Code, City Ordinances, San Bernardino
County Health Department, and/or California State Department of Alcoholic
Beverage Control.
8) This facility shall be operated in conformance with the performance standards as
identified in the Development Code. If operation of the facility causes adverse
effects upon adjacent businesses, residential land uses or operations, this
Conditional Use Permit shall be brought before the Planning Commission for
consideration and possible termination of the use.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 25TH DAY OF AUGUST 2010.
PLANNING COMMISSI N OF THE CITY OF RANCHO CUCAMONGA
BY:
Luis Munoz, Jr., Chair n
ATTEST: �� R' "'./
Jame . Troyer, AICP, SecretAry
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 August 2010, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE