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Home My WebLink About94-07 - Resolutions RESOLUTION NO. 94-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 94-01, A REQUEST TO SELL DISTILLED SPIRITS IN ADDITION TO BEER AND WINE WITHIN AN EXISTING CONVENIENCE STORE OF 2,124 SQUARE FEET IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND RAMONA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-621-34. A. Recitals. 1. Deeb Deeb has filed an application for the issuance of Conditional Use Permit No. 94-01, 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 9th day of February 1994, 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 substantial evidence presented to this Commission during the above-referenced public hearing on February 9, 1994, 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 the northeast corner of Foothill Boulevard and Ramona Avenue with a street frontage of approximately 632 feet and lot depth of 278 feet and is presently improved with a retail commercial center and curb and gutter along Foothill Boulevard and Ramona Avenue; and b. The property to the north of the site is an existing residential condominium project, the property to the south is an existing mobile home park, the property to the east is an existing restaurant and the property to the west is an existing automotive service station; and PLANNING COMMISSION RESOLUTION NO. 94-07 CUP 94-01 - DEEB February 9, 1994 Page 2 c. The applicant is proposing to modify their existing Alcoholic Beverage Control License to include the sale of distilled spirits in addition to their existing beer and wine license. The sale of hard liquor requires approval of a Conditional Use Permit in the Community Commercial District of the Foothill Boulevard Specific Plan; and d. All other business activities will remain unchanged except an additional employee will be added to all shifts. e. The application applies to property which presently has window signs covering more than 30 percent of the window area, contrary to the City's Sign Ordinance (RCMC 14.16.O10.Q) . 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, 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 Development Code and Foothill Boulevard Specific Plan. 4. Pursuant to the State CEQA Guidelines, it has been determined that the proposed project does not have the potential for causing a significant effect on the environment. The project has been determined to be exempt from CEQA pursuant to Section 15061(6) (3) . The Planning Commission, having final approval over this project, has reviewed and considered this exemption prior to the approval of this project. 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) Approval is granted for the addition of the ancillary sale of distilled spirits at this location. 2) Approval of this request shall not waive compliance with all sections of the Foothill Boulevard Specific Plan and all other City ordinances. PLANNING COMMISSION RESOLUTION NO. 94-07 CUP 94-01 - DEEB February 9, 1994 Page 3 3) If operation of the facility causes adverse effects upon adjacent residential development or the shopping center or other uses, the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible termination of the use. 4) The use shall be limited to the current hours of operation (9 a.m. to 11 p.m. Monday through Thursday, 9:00 a.m. to midnight Friday and Saturday, and 9 a.m. to 10 p.m. on Sunday) . Any proposed change to these hours shall require a modification to this application. 5) All signs, particularly temporary signs, shall be brought into conformance with the City of Rancho Cucamonga Sign Ordinance within 30 days or prior to commencement of sale of distilled spirits, whichever comes first. 6) The wood panel adjacent to the west windows shall be relocated within the store or removed within 30 days or prior to commencement of sale of distilled spirits, whichever occurs first. 7) A view-obscuring film shall be applied to the west elevation window by the storage area to screen the storage area from public view to the satisfaction of the City Planner prior to commencement of the sale of distilled spirits or within 120 days, whichever occurs first. 8) The distilled spirit display area shall be limited to the area shown on the conceptual floor plan, per the attached exhibit. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND a . . • ED TH S 9k DAY OF FEBRUARY 1994. PLANNING CO'. ' ION OF THE CITY o RANCHO CUCAMONGA BY: 1••• ��..��I Mat �Davi� � wr .I� ATTEST: (� � � Bral�ir tary PLANNING COMMISSION RESOLUTION NO. 94-07 CUP 94-01 - DEEB February 9, 1994 Page 4 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 9th day of February 1994, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE STATE OF CALIFORNIA DEPARTMENT Of ALCOHOLIC BEVERAGE CONTROL DIAGRAM Of LICENSED PREMISES snnt.l• An IISI DEED I . DEEB nnr..ISr3 AnnnFS1 (Street) (Cirr) TVrr.. Or LICFr{F 995OAFo.at_tii_1i_13lsr_cL._.—Rancho Cucam9.nRa —I_21 _______ -.------ The Diagram below is a true and correct description of the entrances, exits, interior walls aryl exterior totiyiaries of the prenises to be licensed, iml,.11ng dimnsiers. l4 -- -- DIAGRAM: Back Door w A L •( Store Rest I Storaz4ys Storage Room Room E ,° O N ^/ U • ' \ Walk in Cooler x Beer , Wine , Soft Drinks C N L+ b • C M rn L in C 7 �- O w Sales floor with shelving w w w w u O 0 . u Cash Regjster ` 16 ' I It is hereby declared that the above-described bocndaries, entrances and planned operation (as indicnted on the rev"rt side), will not be charged without first ratifyirg and sec ring prior written approval of the Department of A1cr nlIn R verage Control. I declare under penalty of perjury that the foregoing is true and correct: Dace: (� n — tv,�"n ^ jr SI ,A TVne Place: A B C , Riverside , CA. DEEB I . DEED SIGH A Clint DEPARTMENT use only. ABC257-B (1244) Inspected on: Certified correct __ __— •