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Home My WebLink About10-37 - Resolutions RESOLUTION NO. 10-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,APPROVING CONDITIONAL USE PERMIT DRC2010-00421, A REQUEST FOR BEER AND WINE SALES FOR OFF-SITE CONSUMPTION AT AN EXISTING 13,871 SQUARE FOOT WALGREENS STORE LOCATED IN THE OFFICE PROFESSIONAL DISTRICT, LOCATED AT 6400 HAVEN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0201-262-37. A. Recitals. 1. Luce Forward, representing Walgreens, filed an application for the issuance of Conditional Use Permit DRC2010-00421, 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,togetherwith public testimony,this Commission hereby specifically finds as follows: a. The application applies to the property located at 6400 Haven Avenue, with a total street frontage of approximately 327 feet on Haven Avenue and 219 feet on Alta Loma Drive, 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 Office Professional 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 Low-Medium Residential (4-8 dwelling units per acre) and is developed with condominiums; and C. The site is currently approved forthe operation of a pharmacywith a drive-thru window under CUP99-49 (Resolution 00-74); 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 694 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 0.4 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. 10-37 CONDITIONAL USE PERMIT DRC2010-00421 — 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; 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 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 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 the following: -The operation of an existing drugstore with a drive-thru including sales of beer and wine in conjunction with a Type 20 ABC License, located at 6400 Haven Avenue. 2) The site shall not have more than 5 percent of the total gross floor area (694 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 DRC2010-00421 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, and/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 DRC2010-00421 being brought before the Planning Commission for review. Review by the Planning Commission for non-compliance with ABC regulations or Conditions of Approval may result in evidentiary hearing(s), modification(s) to Conditional Use Permit DRC2010-00421 and possible termination of use. PLANNING COMMISSION RESOLUTION NO. 10-37 CONDITIONAL USE PERMIT DRC2010-00421 — LUCE FORWARD ON BEHALF OF WALGREENS August 25, 2010 Page 3 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 COMMISSIO OF THE CITY OF RANCHO CUCAMONGA BY: — Luis Munoz Jr., Chairman ATTEST: Jamly R. 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 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2010-00421 SUBJECT: CONDITIONAL USE PERMIT (NON-CONSTRUCTION) APPLICANT: LUCE FORWARD (ON BEHALF OF WALGREENS) LOCATION: 6400 HAVEN AVENUE 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. 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: a) 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 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00421 StdCond 8-25.doc Project No.DRC2010-00421 Completion Dale 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, and the Development Code regulations. 2. 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. 3. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - All commercial activities shall not create any noise that would exceed an _/_/_ exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading-No person shall cause the loading,unloading,opening,closing,or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m.and 7 a.m.unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. E. Windows 1. Storefront windows shall be visible to passing pedestrians and traffic. 2 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00421 StdCond 8-25.doc