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HomeMy WebLinkAbout89-51 - Resolutions RESOLUTION NO. 89-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA APPROVING CONDITIONAL USE PERMIT NO. 89- 04 FOR SALE OF HARD LIQUOR FOR ON-SITE CONSUMPTION WITHIN AN EXISTING RESTAURANT OF 2,360 SQUARE FEET LOCATED AT 8017 ARCHIBALD AVENUE IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 3) , AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-641-69. A. Recitals. (i ) Felipe Delapiedra has filed an application for the issuance of the Conditional Use Permit No. 89-04 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application". (ii ) On the 12th of April 1989, 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. (iii ) All legal prerequisites 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 substantial evidence presented to this Commission during the above-referenced public hearing on April 12, 1989, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to property located at 8017 Archibald Avenue within a center with a street frontage of 610 feet and lot depth of 330 feet and is presently improved with a Community Commercial Center; and (b) The property to the north of the subject site is an elementary school , the property to the south of that site consists of a bank, the property to the east is single family residences and retail ; and the property to the west is retail . (c) The application is for the incidental sales of alcoholic beverages as menu items in conjunction with the sales of food. PLANNING COMMISSION RESOLUTION NO. 89-51 CUP 89-04 - DELAPIEDRA April 12, 1989 Page 2 (d) The application is for the addition of cocktails to an existing retaurant menu of mexican food and beer/wine. 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) That the proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the Foothill Boulevard Specific Plan in which the site is located. (b) That the proposed use, together with the conditions applicable thereto, will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. (c) That the proposed use complies with each of the applicable provisions of the Development Code. 4. This Commission hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and has determined it to be exempt per Article 19, Section 15301, this Commission hereby issues a Negative Declaration. 5. Based upon the findings and conclusions set forth in paragraph 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below. 1. This approval shall apply to the serving of alcoholic beverages only. 2. Approval of this request shall not waive compliance with all sections of the Foothill Specific Plan, all applicable City Ordinances, Foothill Fire District requirements and Public Health codes. 3. Any modification, expansion or other change in operation will require a revision to the Conditional Use Permit. 4. All signage shall be designed in conformance with the Comprehensive Sign Ordinance and applicable Uniform Sign Program and shall require review and approval by the Planning Division. PLANNING COMMISSION RESOLUTION NO. 89-51 CUP 89-04 - DELAPIEDRA April 12, 1989 Page 3 5. The serving of alcoholic beverages must be in conjunction with restaurant usage and the availability of full listed menu items . The sale and serving of alcoholic beverages shall cease when such menu items are not available to customers. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF APRIL, 1989. PLANNING COMMISSION OF THE CI E CITY OF RANCHO CUCAMONGA BY: alt 4.4d IM �4. ( ' Q arr _/_ d,airman ATTEST: _ _ __ L s rtU IV a tart' 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 12th day of April 1989, by the following vote-to-wit: AYES: COMMISSIONERS: BLAKESLEY, CHITIEA, EMERICK, MCNIEL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE