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HomeMy WebLinkAbout90-03 - Resolutions RESOLUTION NO. 90-03 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 89-32 FOR THE ESTABLISHMENT OF A RESTAURANT INCLUDING THE INCIDENTAL SERVING OF BEER AND WINE IN A LEASED SPACE OF 2,880 SQUARE FEET LOCATED AT 9581 FOOTHILL BOULEVARD IN THE COMMERCIAL OFFICE DISTRICT, SUBAREA 3 OF THE FOOTHILL BOULEVARD SPECIFIC PLAN - APN: 208-261-47, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. (i ) Nipa Thongchantra has filed an application for the issuance of the Conditional Use Permit No. 89-32 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 10th day of January, 1990, 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 January 10, 1990, 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 9581 Foothill Boulevard with a street frontage of 182.37 feet and lot depth of 260.94 feet and is presently improved with a multi-tenant commercial center, including 140 parking spaces; and (b) The property to the north, east, and west of the subject site is existing commercial , the property to the south of that site consists of existing single family detached homes; and PLANNING COMMISSION RESOLUTION NO. 90-03 CUP 89-32 - THONGCHANTRA January 10, 1990 Page 2 ( c) The application is for a restaurant with the incidental serving of beer and wine; and ( d) Conditional Use Permit No 89-29 has been submitted to the Planning Commission for a bar (Dew Drop Inn) within the same commercial center; and (e) The number of parking spaces provided will be sufficient for the restaurant. 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 not 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 Foothill Boulevard Specific Plan and 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, further, this Commission hereby issues a Negative Declaration. 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. Planning Division: 1) This approval shall apply to the restaurant use with the incidental serving of beer and wine only. 2) The serving of beer and wine must be in conjunction with restaurant usage and the availability of full listed menu items. The sale and serving of beer and wine shall cease when such menu items are not available to customers. PLANNING COMMISSION RESOLUTION NO. 90-03 CUP 89-32 - THONGCHANTRA January 10, 1990 Page 3 3) 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. 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. 5) Any modification, expansion or other change in operation will require a revision to the Conditional Use Permit. 6) This approval shall not be considered final until final action on any appeal from the Dew Drop Inn request for Conditional Use Permit 89-29 has been adopted by City Council . In the event Conditional Use Permit 89-29 is approved, this approval shall be considered null and void. 6. The Deputy Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF JANUARY, 1990. PLANNING COMM SION OF THE CITY OF RANCHO CUCAMONGA BY: a...LA_ G� a y . Ai, iF man ATTEST: :sli I • ' rou i , repu y •'ecre ary I, Otto Kroutil , D• .uty 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 10th day of January, 1990, by the following vote-to-wit: AYES: COMMISSIONERS: BLAKESLEY, CHITIEA, MCNIEL, TOLSTOY, WEINBERGER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE