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HomeMy WebLinkAbout93-108 - Resolutions RESOLUTION NO. 93-108 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 93-48, A REQUEST TO SELL DISTILLED SPIRITS IN ADDITION TO BEER AND WINE WITHIN AN EXISTING CONVENIENCE STORE OF 2,400 SQUARE FEET IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND HERMOSA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-601-09. A. Recitals. 1. Albert Sanam has filed an application for the issuance of Conditional Use Permit No. 93-48, 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 21st day of December 1993, 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 December 21, 1993, 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 Hermosa Avenue with a street frontage of 134 feet and lot depth of 219 feet and is presently improved with a convenience market, motel, vacant restaurant, and curb and gutter along Foothill Boulevard and Hermosa Avenue; and b. The property to the north of the subject site is vacant, the property to the south consists of a restaurant, the property to the east is vacant, and the property to the west is developed with multiple family residential units; and PLANNING COMMISSION RESOLUTION NO. 93-108 CUP 93-48 - SANAM December 21, 1993 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 including hours of operation, number of employees, etc. 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(b) (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 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. 3) If operation of the facility causes adverse effects upon adjacent residential development or the shopping center, the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible termination of the use. PLANNING COMMISSION RESOLUTION NO. 93-108 CUP 93-48 - SANAM December 21, 1993 Page 3 4) The use shall be limited to the current hours of operation (6 a.m. to 12 p.m. Monday through Saturday and 7 a.m. to 11 p.m. on Sunday) and maximum number of employees on any one shift (two) . Any proposed changes to these hours shall require a modification to this application. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APP•OVE. . . ADOPTED THIS ST DAY OF DECEMBER 1993. PLAN +. iSSION •� •F RANCHO CUCAMONGA BY: a 1 AAP I Ifr Tar ATTEST: �i a Air Dan Coleman, Acting Secretary 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 21st day of December 1993, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE