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Home My WebLink AboutPC 2007-19PLANNING COMMISSION RESOLUTION NO. 2007-19 A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA PLANNING COMMISSION APPROVING A DETERMINATION OF PUBLIC NECESSITY AND A REQUEST FOR AN UPGRADE TO AN ALCOHOL BEVERAGE CONTROL TYPE 21 LICENSE FOR AN EXISTING RETAIL TOBACCO/LIQUOR STORE WITHIN AN EXISTING 1,050 SQUARE FOOT UNIT LOCATED AT 1174 S. DIAMOND BAR BLVD (APN: 8701-027-031, LOT 4), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. George Jack Bashoura filed an application for an upgrade to a Type 21 ABC license (Off Site General) from the department of Alcoholic Beverage Control (ABC). Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. Section 23958 of the Business and Professional Code requires the City of Diamond Bar to make a determination that the issuance of the said license will service the public convenience or necessity. 3. On April 10, 2007, the Planning Commission of the City of Diamond Bar reviewed said application prior to the adoption of this Resolution. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt according to Section 15301 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar; 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations; 4. Based on the findings and follows:coconclusions set forth herein, this Planning Commission hereby fins (a) The project site is located at 1174 S. Diamond Bar Blvd (APN: 8701- 027-031), Diamond Bar, California. (b) The project site has a General Plan land use designation of Commercial (C); 3 Acre ng (c) The project site is North-East rintersectioexisting n o Diamond Bar Boulevard and located at the No Grand Avenue; (d) Generally, to the north and east is the Single Family Residential (R-1- 8,000) zone; and to the south and west is Regional Commercial (C3) zone; (e) The selling of beer, wine, and distilled spirits for off-site consumption is a common and accepted practice within the regional community zone (C3); (f) On April 20, 2004, a Zoning Clearance (ZCL 2004-130) was approved for a Type 20 ABC license, allowing the sale of beer and wine for offsite consumption; set rth e, the anning 5. Based on the findings and conclusions o subjectvto the followingCommission hereby approves the Application conditions: The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. George Bashoura, 1174 S. Diamond Bar Blvd, Diamond Bar, CA 91765 2 Planning Commission Resolution No. 2007-19 APPROVED AND ADOPTED THIS 10th OF APRIL 2007, BY THE PLANNING COMMISSION OF THE CITY.OF DIAMOND BAR BY: ap��' -�X2'n' eve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 10th day of April 2007, by the following vote: AYES: Commissioners: NOES: Commissioners ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Nan*FonSecrry Nolan, Lee, Wei, VC/Torng, Chair Nelson None None None 3 Planning Commission Resolution No. 2007-19 PLANNING COMMISSION RESOLUTION NO. 2007-19 A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA PLANNING COMMISSION APPROVING A DETERMINATION OF PUBLIC NECESSITY AND A REQUEST FOR AN UPGRADE TO AN ALCOHOL BEVERAGE CONTROL TYPE 21 LICENSE FOR AN EXISTING RETAIL TOBACCO/LIQUOR STORE WITHIN AN EXISTING 1,050 SQUARE FOOT UNIT LOCATED AT 1174 S. DIAMOND BAR BLVD (APN: 8701-027-031, LOT 4), DIAMOND BAR, CALIFORNIA. A. RECITALS George Jack Bashoura filed an application for an upgrade to a Type 21 ABC license (Off Site General) from the department of Alcoholic Beverage Control (ABC). Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. Section 23958 of the Business and Professional Code requires the City of Diamond Bar to make a determination that the issuance of the said license will service the public convenience or necessity. 3. On April 10, 2007, the Planning Commission of the City of Diamond Bar reviewed said application prior to the adoption of this Resolution. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt according to Section 15301 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar; 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations; 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is located at 1174 S. Diamond Bar Blvd (APN: 8701- 027-031), Diamond Bar, California. (b) The project site has a General Plan land use designation of Commercial (C); (c) The project site is within an existing 7.03 Acre Shopping Center located at the North-East intersection of Diamond Bar Boulevard and Grand Avenue; (d) Generally, to the north and east is the Single Family Residential (R-1 - 8,000) zone; and to the south and west is Regional Commercial (0) zone; (e) The selling of beer, wine, and distilled spirits for off-site consumption is a common and accepted practice within the regional community zone (C3); M On April 20, 2004, a Zoning Clearance (ZCL 2004-130) was approved for a Type 20 ABC license, allowing the sale of beer and wine for offsite consumption; 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. George Bashoura, 1174 S. Diamond Bar Blvd, Diamond Bar, CA 91765 2 Planning Commission Resolution No. 2007-19 APPROVED AND ADOPTED THIS 10th OF APRIL 2007, BY THE PLANNING COMMISSION OF THE CITY.OF DIAMOND BAR. BY: I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 10th day of April 2007, by the following vote: AYES: Commissioners: Nolan, Lee, Wei, VCITorng, Chair Nelson NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners: None ATTEST: ry 3 Planning Commission Resolution No. 2007-19