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HomeMy WebLinkAbout90-35 - Resolutions RESOLUTION NO. 90-35 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 90-04 FOR A LIQUOR STORE IN A 1,152 SQUARE FOOT LEASED SPACE WITHIN THE THOMAS WINERY PLAZA, IN THE SPECIALITY COMMERCIAL DISTRICT, SUBAREA 2 OF THE FOOTHILL SPECIFIC PLAN, LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND VINEYARD AVENUE - APN: 208-101-21 . • A. Recitals. (i ) Mr. Yong-Kil has filed an application for the issuance of the Conditional Use Permit No. 90-04 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 28th of March, 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 March 28, 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 a leased space within the Thomas Winery Plaza, in the Special Commercial District of ' the Foothill Boulevard Specific Plan, Subarea 2, located at the northeast corner of Foothill and Vineyard Avenue and is presently improved with 7 commercial buildings and parking spaces; and (b) The property to the north of the subject site is vacant; Office/Professional , the property to the south of that site consists of vacant land, liquor store; Community Commercial District, the property to the east consists of shopping center; Community Commercial District, the property to the west of the site consists of vacant building, roller rink and restaurant; Community Commercial District; and (c) The subject property consists of a wide variety of uses, including restaurants, office and retail ; and PLANNING COMMISSION RESOLUTION NO. 90-35 CUP 90-04 - JUNG March 28, 1990 Page 2 (d) There is sufficient parking for the proposed use; and 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 Foothill Boulevard Specific Plan, and the purposes of the district 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 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 and in the attached Standard Conditions. Planning Division: 1) This approval shall apply to the liquor store use only. 2) Approval shall expire, unless extended by the Planning Commission, if the building permits are not issued or approved use has not commenced within twenty-four (24) months from the date of approval . 3) Approval of this request shall not waive compliance with all sections of the Development Code, Foothill Boulevard Specific Plan, and all other City Ordinances. 4) If the operation of the facility causes effects upon adjacent businesses or operations, including, but not limited to parking or noise, this Conditional Use Permit shall be brought back before the Planning Commission for consideration and possible termination of the use. PLANNING COMMISSION RESOLUTION NO. 90-35 CUP 90-04 - JUNG March 28, 1990 Page 3 5) Occupancy of the facility shall not commence until such time as all Uniform Code and State Fire Marshall ' s regulations have been complied with. Prior to occupancy, plans shall be submitted to the Foothill Fire Protection District and the Building and Safety Division to show compliance. The building shall be inspected for compliance prior to occupancy. 6) Any sign proposed for the facility shall be designed in conformance with the City' s Sign Ordinance and any Uniform Sign Program for the complex, and shall require review and approval by the Planning Division prior to installation. 7) The hours of operation shall be limited to between 8 :00 a.m. to 10 :00 p.m. Monday through Sunday. 6 . The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF MARCH, 1990. PLANNING COM `SSION OF THE CITY OF RANCHO CUCAMONGA BY: arty, gbh a 015 arry ' el , Chai •••.. ATTEST: /. A 4-/ L eclair 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 28th day of March, 1990, by the following vote-to-wit: AYES: COMMISSIONERS: BLAKESLE-Y, MCNIEL, TOLSTOY, WEINBERGER NOES: COMMISSIONERS : CHITIEA ABSENT: COMMISSIONERS : NONE