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