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Home My WebLink AboutPC 2007-22PLANNING COMMISSION RESOLUTION NO. 2007-22 A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA PLANNING COMMISSION APPROVING A DETERMINATION OF PUBLIC NECESSITY FOR AN ALCOHOL BEVERAGE CONTROL TYPE 20 LICENSE FOR AN EXISTING TARGET STORE APPROXIMATELY 130,000 SQUARE FEET LOCATED AT 747 GRAND AVENUE (APN: 8293-045-006 THROUGH 8293-045-009), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. Target has filed an application for a type 20 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 24, 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: 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 747 Grand Avenue (APN: 8293-045-006 through 8293-045-009), Diamond Bar, California. (b) The project site has a General Plan land use designation of Specific Plan (SP); (c) The project site is within an existing 13 Acre Shopping Center located at the South -East intersection of Grand Avenue and Golden Springs Drive; (d) Generally, to the north and west is the Open Space (OS) zone; to the east is Regional Commercial (C3) zone; and to the south is Specific Plan (SP); (e) The selling of beer and wine for off-site consumption is a common and accepted practice within a Shopping Center; (f) On April 26, 2005, Conditional Use Permit No. 2005-03 was approved by Planning Commission, 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: Target Corporation, 1000 Nicollet Mall, TPN -0910, Minneapolis, MN 55403 2 Public Necessity and Convenience 2007-01 APPROVED AND ADOPTED THIS 24th DAY OF APRIL 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Okvl� Steve 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 24th day of April 2007, by the following vote: AYES: Commissioners: Lee, Wei, Nolan, VC/Torng, Chair/Nelson NOES: Commissioners: None. ABSTAIN: Commissioners: None. ABSENT: Commissioners: None. ATTEST: leow �� N ncy Fong ecreta 3 Public Necessity and Convenience 2007-01 PLANNING COMMISSION RESOLUTION NO. 2007-22 A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA PLANNING COMMISSION APPROVING A DETERMINATION OF PUBLIC NECESSITY FOR AN ALCOHOL BEVERAGE CONTROL TYPE 20 LICENSE FOR AN EXISTING TARGET STORE APPROXIMATELY 130,000 SQUARE FEET LOCATED AT 747 GRAND AVENUE (APN: 8293-045-006 THROUGH 8293-045-009), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. Target has filed an application for a type 20 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 24, 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 747 Grand Avenue (APN: 8293-045-006 through 8293-045-009), Diamond Bar, California. (b) The project site has a General Plan land use designation of Specific Plan (SP); (c) The project site is within an existing 13 Acre Shopping Center located at the South -East intersection of Grand Avenue and Golden Springs Drive; (d) Generally, to the north and west is the Open Space (OS) zone; to the east is Regional Commercial (0) zone; and to the south is Specific Plan (SP); (e) The selling of beer and wine for off-site consumption is a common and accepted practice within a Shopping Center; M On April 26, 2005, Conditional Use Permit No. 2005-03 was approved by Planning Commission, 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: Target Corporation, 1000 Nicollet Mall, TPN -0910, Minneapolis, MN 55403 2 Public Necessity and convenience 2007-01 APPROVED AND ADOPTED THIS 24th DAY OF APRIL 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve 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 24th day of April 2007, by the following vote: AYES: Commissioners: Lee, Wei, Nolan, VC/Torng, Chair/Nelson NOES: Commissioners: None. ABSTAIN: Commissioners: None. ABSENT: Commissioners: None. ATTEST: ecreta 3 Public Necessity and Convenience 2007-01