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02-09-2010 CC Rpt C02 ' r CM010-026' CITY OF CHINO HILLS MEMORANDUM CITY OF CHINO HILLS DATE: February 3, 2010 TO: Honorable Mayor and City Council �� FROM: Michael S. Fleager, City Manager �'itt SUBJECT: PLANNING COMMISSION ACTION REGARDING AGENDA ITEM 7A — CONDITIONAL USE PERMIT 09CUP14 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-SITE CONSUMPTION AT im CHINO HILLS FINE WINES & SPIRITS LOCATED AT 5771 PINE AVENUE, SUITE K At their meeting of February 2, 2010, the Planning Commission received a report from City staff regarding the above-mentioned item, a request for approval of Conditional Use Permit 09CUP14 to allow the sale of alcoholic beverages for off- site consumption at Chino Hills Fine Wines & Spirits located at 5771 Pine Avenue, Suite K. The Commission asked if the existing retail center for the Pine Corporate Center was required to comply with specific hours of operation. Staff responded by stating that the existing retail center is not conditioned to comply with specific hours of operation, but that the proposed business is conditioned to comply with the hours of operation of 7:00 am to 11:00 pm Sunday through Thursday and from 7:00 am to 12:00 am (midnight) on Friday and Saturday. The Commission also asked for clarification on the type of signage that will be allowed for Chino Hills Fine Wines & Spirits. Staff responded by stating that the signs proposed for the project will be designed to conform to the approved Pine Corporate Center Sign Program. Staff also stated that the project is conditioned to construct and post signage on the property in a manner that is visible to customers indicating that "Drinking of alcoholic beverages is prohibited on this property, including all parking areas." The Commission was also informed that window signage and any other window attachment or treatment that reduces visibility into the market are prohibited, excluding a small sign or signs indicating the hours of operation, business name, an "open" sign and all necessary signs required by law. February 3, 2010 CM010-026 Page 2 To ensure that the concerns raised the addressed, the Commission amended Conditions of Approval No. 11: 11. No window signage or and any other window attachment or treatment is permitted - • -• • •• - - • - - - • - -, excluding a small sign or signs indicating the hours of operation, business name, and/or an "open" sign. The location, design, size, and purpose of any requested signage shall be subject to review and approval by the Community Development Director or designee. (Amended by PC on 02/02/2010). The applicant agreed to comply with the revised Conditions of Approval and the Planning Commission approved the project by unanimous vote, 5-0. MSF:CK:jw PLANNING COMMISSION AGENDA STAFF REPORT ftr43.",` Meeting Date: February 2. 2010 Public Hearing: IJ Discussion Item: Consent Item: January 26, 2010 Agenda Item No.: 7a TO: CHAIRMAN AND PLANNING COMMISSIONERS FROM: CHRISTINE KELLY, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CONDITIONAL USE PERMIT 09CUP14 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-SITE CONSUMPTION AT CHINO HILLS FINE WINES & SPIRITS LOCATED AT 5771 PINE AVENUE, SUITE K EXECUTIVE SUMMARY The applicant, Mr. Dick Evitt, the representative for Mr. Basem N. Khkader, is requesting approval of Conditional Use Permit 09CUP14 to allow the sale of alcoholic beverages for off-site consumption at Chino Hills Fine Wines & Spirits (Exhibit A). The convenience market will occupy a 1,250-square foot tenant space located within the existing multi-tenant retail building located at Pine Corporate Center (5771 Pine Avenue, Suite K). The operation includes a mini-market convenience store that sells groceries, snack items, and beverages, including beer, wine, and distilled spirits for off- site consumption. Pine Corporate Center is zoned Planned Development (PD) 50-167 and has a land use designation of Neighborhood Commercial (C-N). The approval of a Conditional Use Permit is required to allow the sale of alcoholic beverages for off-site consumption in any store other than a supermarket or drugstore. Additionally, the applicant is in the process of obtaining a Type 21 alcoholic beverage license from the California Department of Alcoholic Beverage Control (ABC). ABC license approval is contingent upon receiving a conditional use permit approval from the Planning Commission (Conditions of Approval No. 8 and 20). RECOMMENDATION Staff recommends that the Planning Commission adopt the attached resolution approving Conditional Use Permit 09CUP14 based on the findings of facts as listed in the attached Resolution, and subject to the Conditions of Approval. P1 Meeting Date: February 2, 2010 Page: 2 SUBJECT: CONDITIONAL USE PERMIT 09CUP14 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-SITE CONSUMPTION AT CHINO HILLS FINE WINES &SPIRITS PROJECT: CASE NO.: Conditional Use Permit 09CUP014 OWNER: Basem N. Khkader 17815 Prairie Street Northridge, CA 91325 APPLICANT: Dick Evitt All Star Realty 5905 Winncliff Drive Riverside, CA 92509 LOCATION: Located at 5771 Pine Avenue, Suite K, in the Pine Corporate Center (APN: 1027-581-33) SITE DESCRIPTION Tenant Improvement Size: 1,250 square feet Existing Land Use: Existing multi-tenant retail building within Pine Corporate Center General Plan: Commercial Zoning: PD 50-167 (C-N Neighborhood Commercial) Overlay Districts: None Sewer Service: City of Chino Hills Water Service: City of Chino Hills Location General Plan Land Use Zoning I Existing Use Site Commercial PD 50-167 Pine Corporate (Neighborhood Center Commercial) North Medium Density PD 50-167 (Medium Residential Units Residential Density Residential) South Commercial General Commercial Vacant (C-G) I East I N/A I N/A I SR-71 Freeway West Low Density Residential PD 50-167 (Low Residential Units Density Residential) P2 Meeting Date: February 2, 2010 Page: 3 SUBJECT: CONDITIONAL USE PERMIT 09CUP14 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-SITE CONSUMPTION AT CHINOtHILLS FINE WINES &SPIRITS r 'it aa"ietii � ,, '�n{a )�t a[ �y ( :: s e-te Fx ' 6 „�fi vs�A.0 tuE, f x4' u 1J J.S 'i �n t1.4 R Y',~ + FT4S ft ;#67.0. 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V. y rtYy J f��.. { 1' ,4 t 45 Arti-4,1i' ' ' €� i 1, ,..L I=0;4.- ds"� § .k )] 1 7 y � b� e �• rkvi ii` Pi � 'y ;=4,....:... a a : " 'N• .i low-d. fie ] — F *' .'� t%{ , W , ,yt ,s, g n Att 3 M j4>.t § F 1y s 'w5 • yet^ ck,pigtfLt4 aLr:, y yt� k°s''�zrsxHa ; 'df a's a 'fit .",t F l Y4* -.gii tv Psswi-ti Clµs,'�cY.' i' re �x � � S$ -k -t;f4,,, soy�y '�E� r w .l, n" PROJECT SITE sv 1 tel'• 4 aiii ��� tiii �z�3��" �; YY rsr x Cti 'a <+, '�.f e'' ..‘,1 1'- ier i'+"€:i i -. t.\�.d ' y6Qts'2 kfiFARq.a nnb>,*s3-:*.>`naa: , a ryr,Lt 5;s wifti;'t -r-c .,;'•, . VICINITY MAP BACKGROUND On March 15, 2005, Opus West Corporation received a Site Plan Review (04SPR11) approval to develop Pine Corporate Center on an approximate 12.5-acre site. Pine Corporate Center is zoned Planned Development (PD) 50-167 and has a land use designation of Neighborhood Commercial (C-N). The retail portion of Pine Corporate Center includes various retail, restaurant, and service type uses. The existing retail portion of Pine Corporate Center has an on-site parking supply of 100 parking spaces, is fully landscaped, and all on-site utilities are installed. On October 27, 2009, the applicant, Mr. Dick Evitt, submitted an application for a Conditional Use Permit to allow the sale of alcohol for off-site consumption at a new mini-market convenience store that sells groceries, snack items, and beverages, including beer, wine, and distilled spirits. Chino Hills Fine Wines & Spirits will locate in Suite "K" of the existing multi-tenant building at Pine Corporate Center (Vicinity Map). Pursuant to Appendix A Regulation of Uses by Zoning District of the Chino Hills Development Code, the proposed mini-market convenience store is classified a store other than a supermarket or drug store that sells alcoholic beverages for off-site P3 Meeting Date: February 2, 2010 Page: 4 SUBJECT: CONDITIONAL USE PERMIT 09CUP14 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-SITE CONSUMPTION AT CHINO HILLS FINE WINES &SPIRITS consumption, which requires a conditional use permit within the Neighborhood Commercial zoning district. The proposed Chino Hills Fine Wines & Spirits is subject to the Planning Commission's review and approval of a Conditional Use Permit. The City's Project Review Committee consisting of staff representatives from each of the development related departments have reviewed and recommended approval of the conditional use permit, subject to the attached Conditions of Approval. PROPOSAL Chino Hills Fine Wines & Spirits is proposing to locate within Suite "K" of the multi- tenant retail building at Pine Corporate Center and will occupy a 1,250-square foot in- line tenant space (Exhibit A). Chino Hills Fine Wines and Spirits will consist of a mini- market convenience store that sells groceries, snack items, and beverages, including beer, wine, and distilled spirits for off-site consumption. APPROVAL REQUIRED The applicant is seeking an approval from the Planning Commission for the following: • Conditional Use Permit 09CUP14 to allow the sale of alcoholic beverages for off- site consumption at Chino Hills Fine Wines & Spirits located at 5771 Pine Avenue, Suite "K" within Pine Corporate Center. Conditional Use Permit 09CUP14 Pursuant to Appendix A Regulation of Uses by Zoning District of the Chino Hills Development Code, a Conditional Use Permit is required to allow a new business operation that falls under the land use classification of an "Alcoholic Beverage Offsite Sales within any store other than a supermarket or drug store." Chapter 16.68 Conditional Use Pen nits of the Chino Hills Development Code provides a process that allows the City to consider certain uses, due to the nature of use, intensity, or size, require special review to determine if the use proposed, or the location of that use, is compatible with surrounding uses, or, through the imposition of development and use conditions, can be made compatible with surrounding uses. In making such a determination, the Planning Commission shall find that the proposed use is in general accord with the following principles and standards: A. That the proposed conditional use is consistent with the General Plan; B. That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures; P4 Meeting Date: February 2, 2010 Page: 5 SUBJECT: CONDITIONAL USE PERMIT 09CUP14 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-SITE CONSUMPTION AT CHINO HILLS FINE WINES&SPIRITS C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; D. That the proposed conditional use complies with all applicable development standards of the zoning district; and E. That the proposed conditional use observes the spirit and intent of this development code. After reviewing the conditional use permit application and the information provided regarding the applicant's proposed Chino Hills Fine Wines & Spirits business use, Staff recommends the Planning Commission approve Conditional Use Permit 09CUP14 based on the findings and conclusions indicated in the attached Resolution. ANALYSIS General Plan and Zoning Consistency The project site is identified as Commercial on the General Plan Land Use Map and is zoned Planned Development (PD) 50-167 with a land use designation of Neighborhood Commercial (C-N), which allows the sale of alcoholic beverages for off-site consumption in stores other than supermarkets or drugstores with the approval of a Conditional Use Permit. The proposed project is a typical commercial use proposed on a property that has a Commercial land use designation. Approval of the proposed project furthers Major Goal 3 and Focused Goal 3-1 of the General Plan of a "Diversified Economic Base", by providing "Commercial and service uses targeted to serve Chino Hills residents and shoppers from other cities". Therefore, the approval of Conditional Use Permit 09CUP14, subject to the attached Conditions of Approval is consistent with the General Plan. Licensing As required by the State of California, any sale of alcoholic beverages requires a license from the California Department of Alcoholic Beverage Control (ABC) (Conditions of Approval No. 8 and 20). The applicant is in the process of obtaining a Type 21 (Off Sale General) alcoholic beverage license from ABC, which authorizes the sale of beer, wine and distilled spirits for off-site consumption. ABC license approval is contingent upon receiving a Conditional Use Permit approval from the Planning Commission. The ABC has retail operating standards and provisions in which they enforce and regulate through ABC investigators and local law enforcement officers. The ABC inspects the facility for conformance prior to occupancy. Licenses must be renewed on a 12-month basis. P5 Meeting Date: February 2, 2010 Page: 6 SUBJECT: CONDITIONAL USE PERMIT 09CUP14 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-SITE CONSUMPTION AT CHINO HILLS FINE WINES & SPIRITS Operation The applicant has indicated that the hours of operation for the market will be from 7:00 am to 11:00 pm Sunday through Thursday and from 7:00 am to 12 am (midnight) on Friday and Saturday (Condition of Approval No. 6). The proposed hours of operation are more restrictive than the lawful hours allowed for the sale of beer, wine and distilled spirits for off-site consumption by ABC (6:00 am to 2:00 am daily). Consumption of alcohol shall be prohibited within the convenience store and the parking area and the applicant shall install signage stating these restrictions (Condition of Approval No. 10). All signage shall be submitted under a separate permit and shall conform to the approved sign program for Pine Corporate Center. Window signage and any other window attachment or treatment that reduces visibility into the market are prohibited, excluding a small sign or signs indicating the hours of operation, business name, and/or an "open" sign (Condition of Approval No. 11). Window signage advertising alcoholic beverages and tobacco products are prohibited (Condition of Approval No. 12) Development Standards The proposed project does not include any exterior construction or alterations to the existing multi-tenant building at Pine Corporate Center, which was constructed in 2006. The existing retail portion of Pine Corporate Center has an on-site parking supply of 100 parking spaces, is fully landscaped, with all on-site utilities installed. Parking The project will utilize the existing circulation and parking without any modification. The existing shopping center complies with the parking standards of the Development Code (Section 16.34.060), which requires one (1) parking space for every 200 square feet of gross floor area for general retail developments of less than 25,000 square feet. At 17,080 square feet, the Development Code requires Pine Corporate Center (retail portion) to provide 85 parking stalls. As configured, the existing shopping center provides 100 parking spaces, which is 15 more spaces than required. The site provides five (5) dedicated accessible spaces, conforming to ADA requirements. Pursuant to the parking standards of the Development Code, Chino Hills Fine Wines & Spirits requires four (4) parking spaces per 1,000 square feet of gross leasable area. Chino Hills Fine Wines & Spirits is proposing five (5) parking spaces, which meets the required parking requirement within the Development Code. This includes one (1) ADA (Americans with Disabilities Act) parking space. The ADA space is located closest to the main entrance. P6 Meeting Date: February 2, 2010 Page: 7 SUBJECT: CONDITIONAL USE PERMIT 09CUP14 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-SITE CONSUMPTION AT CHINO HILLS FINE WINES & SPIRITS Storage Outdoor storage shall be strictly prohibited (Condition of Approval No. 14). Outdoor storage includes, but is not limited to pallets, boxes, cardboard, crates, machinery, equipment, and store merchandise of any kind. Impact on Surrounding Community Chino Hills Fine Wines & Spirits is not within the immediate vicinity of churches or hospitals, and is more than 600 feet from schools, public playgrounds and nonprofit youth facilities. In addition, it is not within 200 feet of a residence as the residential area located to the north across Pine Avenue is approximately 280 feet away and the residential area to the west across Butterfield Ranch Road is approximately 400 feet away. Therefore the use will not adversely affect the surrounding community, based on the standards within the City's Development Code. The nearest convenience/grocery store is located more than one mile away from the proposed Chino Hills Fine Wines & Spirits. The two nearest convenience/grocery stores also selling alcoholic beverages for off-site consumption are the existing Chino Hills 76 Gas Station located south of the proposed project site at 6510 Butterfield Ranch Road and the existing Albertsons grocery store located north at 15970 Los Serranos Country Club Drive. PUBLIC COMMENTS Subsequent to the submittal of the application, staff mailed notices regarding the submittal of the application to property owners within a 500-foot radius of the project site on November 10, 2009. Staff received two (2) responses from property owners within the radius area, which indicated concerns for alcoholic beverages being sold to minors. Pursuant to Section 25658(b) of the Business and Professions Code, minors may not purchase alcohol. A notice of the public hearing regarding this project was mailed to property owners within a 500-foot radius of the project site on January 20, 2010, and was also published in the Chino Hills Champion on January 23, 2010. Staff has not received any comments as of the writing of this staff report. P7 Meeting Date: February 2, 2010 Page: 8 SUBJECT: CONDITIONAL USE PERMIT 09CUP14 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-SITE CONSUMPTION AT CHINO HILLS FINE WINES &SPIRITS ENVIRONMENTAL ASSESSMENT: Staff has determined that the proposed project is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) Review for Exemption of the California Environmental Quality Act Guidelines. The Conditional Use Permit is to allow the sale of alcohol for off-site consumption within a neighborhood market in a vacant tenant space in an existing structure at Pine Corporate Center. The project will not result in an increase in building size or an intensification of the use as it can be accommodated within the overall shopping center. Therefore, staff has determined with certainty that the project does not have the potential to cause a negative impact on the environment. Respectfully submitted, Recommende. by: Christine Kelly, `l Hen4Noh, Community Development Diredtbr Principal-Planner Prepared by: errod Walters, Associate Planner Attachments: Resolution Conditions of Approval Exhibit "A" — Project Plans Legal Notice Affidavit of Mailing Public Notices Mailing Lists P8 RESOLUTION NO. PC 2010— A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHINO HILLS, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 09CUP14 FOR THE OPERATION OF CHINO HILLS FINE WINES & SPIRITS LOCATED AT 5771 PINE AVENUE, SUITE K. THE PLANNING COMMISSION OF THE CITY OF CHINO HILLS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does hereby make the following findings of fact: A The applicant, Mr. Dick Evitt, the representative for Mr. Basem N. Khkader, requested approval of Conditional Use Permit 09CUP14 to allow the sale of alcoholic beverages for offsite consumption at Chino Hills Fine Wines & Spirits, a store other than a supermarket or drugstore. B. The project is located at 5771 Pine Avenue, Suite K within the Pine Corporate Center and is legally described as Assessor's Parcel Number (APN) 1027-581-33, as shown in the latest records of the Office of the Tax Assessor of the County of San Bernardino. C. The property has a General Plan designation of Commercial and is zoned Planned Development (PD) 50-167 with a land use designation of Neighborhood Commercial (C-N). D. The project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) of the 2009 CEQA Guidelines. The proposed project is the operation of a neighborhood market, which will offer alcoholic beverages for off-site consumption, within an existing vacant tenant space at Pine Corporate Center. As the proposed project will not alter the existing shopping center or multi-tenant building in any way, there is no potential for the project to cause a negative impact on the environment. E. The Planning Commission of the City of Chino Hills held a duly noticed public hearing on February 2, 2010, to review and consider the staff report prepared for the project, receive public testimony, and review all correspondence received on the project. SECTION 2. Based upon oral and written testimony and other evidence received at the public hearing held for the project, and upon studies and investigations made by the Planning Commission and on its behalf, the Planning Commission does hereby make the following findings on Conditional Use Permit 09CUP14 pursuant to Sections 1 OF 4 P9 16.68.050 of the Development Code, as follows: A. FINDING That the proposed Conditional Use is consistent with the General Plan. FACT: The project site is identified as Commercial on the General Plan Land Use Map and is zoned Planned Development (PD) 50-167 with a land use designation of Neighborhood Commercial (C-N), which allows the sale of alcoholic beverages for off-site consumption in stores other than supermarkets or drugstores subject to the approval of a Conditional Use Permit. The proposed project is a typical commercial use proposed on a property that has a Commercial land use designation. Therefore, the approval of Conditional Use Permit 09CUP014, subject to the attached Conditions of Approval is consistent with the General Plan. B. FINDING: That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the proposed use will not adversely affect or be materially detrimental to these adjacent uses, buildings or structures. FACT: The proposed use will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures. The proposed commercial use is permitted within the C-N Neighborhood Commercial zoning district, which is intended to restrict commercial uses to those that would serve the needs of nearby residents and ensure that all uses are compatible with the surrounding area. Further, the project is conditioned as referenced herein, to ensure that the project does not negatively impact the adjacent developments. C. FINDING: That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. FACT: The proposed business use will occupy a 1,250-square foot tenant space and has the adequate size and shape to accommodate the use and equipment proposed. A Site Plan Review (04SPR11) for Pine Corporate Center was approved on March 15, 2005, and meets the Development Code standards for parking, building setbacks and height. Further, the use is required to meet all the Conditions of Approval, which are incorporated herein by reference. D. FINDING: That the proposed conditional use complies with all applicable development standards and the requirements of the zoning district. FACT: The proposed use, with approval of a Conditional Use Permit and conditions as imposed, complies with all applicable development standards in that the project is only for a business use only and no exterior 2 OF 4 P10 modifications are being proposed for the existing multi-tenant retail building. The existing multi-tenant retail building complies with all applicable development standards, including the Pine Corporate Center architecture, color, and material requirements and the requirements of Planned Development (PD) 50-167 zoning district. E. FINDING: That the proposed conditional use observes the spirit and intent of the Development Code. FACT: With approval of Conditional Use Permit 09CUP14, the proposed use is consistent with the requirements of Development Code. The neighborhood market will provide services to the residents living nearby as intended by the General Plan and Planned Development. Also, the Conditions of Approval, as referenced herein, are imposed on the project to ensure that the spirit and intent of the Development Code is observed. SECTION 3. The Planning Commission of the City of Chino Hills does hereby approve Conditional Use Permit 09CUP14, subject to the findings included within this resolution and subject to the Conditions of Approval incorporated herein by reference. SECTION 4, The Community Development Secretary shall certify to the adoption of this resolution. ADOPTED AND APPROVED this 2nd day of February 2010. KAREN BRISTOW, CHAIRMAN Al I EST: KAREN PULVERS PLANNING COMMISSION SECRETARY APPROVED AS TO FORM: BRADLEY E. WOHLENBERG ASSISTANT CITY Al IORNEY 3 OF 4 P11 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ss. CITY OF CHINO HILLS KAREN PULVERS, Planning Commission Secretary of the City of Chino Hills, do hereby certify that the foregoing Resolution No. PC 2010- was duly passed and adopted at a regular meeting of the Chino Hills Planning Commission held on the 2" day of February 2010, by the following roll call vote, to wit: AYES: COMMISSION MEMBERS: NOES: COMMISSION MEMBERS: ABSENT: COMMISSION MEMBERS: KAREN PULVERS PLANNING COMMISSION SECRETARY 4 OF 4 P12 CITY OF CHINO HILLS Conditions of Approval 72 WI! E I! I Conditional Use Permit 09CUP14 Chino Hills Fine Wines & Spirits 5771 Pine Avenue, Suite K CIFY OF CHINO BILLS ix o n ar o ursit,' PLANNING DIVISION GENERAL/ INFORMATIONAL/ON-GOING: 1. This Conditional Use Permit (CUP) shall become null and void if all conditions of approval have not been complied with and the Permit is not used within two (2) years of the date of approval. The Planning Commission may grant one extension of time for a period not to exceed two (2) years, provided an application requesting the extension is filed with the Planning Division no less than 30 days prior to the expiration of the Permit. "Use" as referred to in this Condition means any activity authorized by the approval. If an extension of time is not granted, the CUP shall expire and a new application shall be required. 2. The applicant and its successors in interest shall indemnify, protect, defend (with legal counsel reasonably acceptable to the City), and hold harmless, the City, and any agency or instrumentality thereof, and its elected and appointed officials, officers, employees, and agents from and against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs, and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively "Claims") arising out of or in any way relating this project, any discretionary approvals granted by the City related to the development of the project, or the environmental review conducted under California Environmental Quality Act, Public Resources Code Section 21000 et seq., for the project. If the City Attorney is required to enforce any conditions of approval, all costs, including attorney's fees, shall be paid for by the Applicant. 3. The applicant shall comply with requirements of all Federal, State, County, and local agencies as are applicable to this project. 4. The development of the project shall be in substantial compliance with the plans as approved by the Planning Commission on February 2, 2010. 5. The applicant shall comply with the Chino Valley Independent Fire District Permit No. 13636, which is dated January 20, 2010. City of Chino Hills February 2, 2010 P13 Conditional Use Permit 09CUP14 Conditions of Approval Chino Hills Fine Wines & Spirits 5771 Pine Avenue, Suite K 6. The hours of operation for the market shall be from 7:00 am to 11:00 pm Sunday through Thursday and from 7:00 am to 12:00 am (midnight) on Friday and Saturday. Any request to change the hours of operation shall be subject to the review and approval of the Community Development Director or designee. 7. The hours of delivery and unloading shall be limited to between the hours of 7:00 am and 11:00 pm. 8. This approval allows for alcoholic beverage sales for a Type 21 (Off Sale General) alcoholic beverage license from California Department of Alcoholic Beverage Control (ABC), which authorizes the sale of beer, wine and distilled spirits for off-site consumption. 9. Signs proposed for the project shall be designed to conform to the approved Pine Corporate Center Sign Program, the sign provisions of the City of Chino Hills Development Code, and shall require a separate application and approval by the Community Development Director or designee. 10, The consumption of alcoholic beverages within the neighborhood market and/or in the public areas of the shopping center is prohibited. The applicant and/or operator of the project shall construct and post signage on the property in a manner that is visible to customers indicating that "Drinking of alcoholic beverages is prohibited on this property, including all parking areas," prior to the commencement of the approved use. The location, design, size, and wording of the sign shall be subject to review and approval by the Community Development Director or designee. 11. Window signage and any other window attachment or treatment that reduces visibility into the market are prohibited, excluding a small sign or signs indicating the hours of operation, business name, and/or an "open" sign. The location, design, size, and purpose of any requested signage shall be subject to review and approval by the Community Development Director or designee. 12. Window signage advertising alcoholic beverages and tobacco products are prohibited. 13. The applicant shall provide sufficient interior lighting to make easily discernible the appearance and conduct of all persons in the premise. 14. Outdoor storage shall be strictly prohibited. Outdoor storage includes, but is not limited to pallets, boxes, cardboard, crates, machinery, equipment, and store merchandise of any kind. City of Chino Hills 2 February 2, 2010 P14 Conditional Use Permit 09CUP14 Conditions of Approval Chino Hills Fine Wines 8, Spirits 5771 Pine Avenue, Suite K 15. All areas within the project site shall be maintained free of trash and debris. 16. The applicant, its authorized agent, or the operator of the project shall ensure that solid waste disposal services are provided by a City approved waste hauler. 17. Noise emanating from the project shall not exceed the noise standards as listed in Chapter 16.48 of the City's Development Code. 18. Trust Deposit Accounts shall show no deficits. 19. This use shall not create a public nuisance. 20. a.) Prior to commencement of the approved use, all appropriate licenses from the Department of Alcoholic Beverage Control shall be obtained. b.) Prior to commencement of the approved use, all conditions of approval shall be complied with to the satisfaction of the Director of Community Development. c.) Failure to comply with any conditions of approval shall be deemed just cause for revocation of project approval by the Planning Commission. END OF SEQUENTIAL CONDITIONS Project Manager: Jerrod Walters City of Chino Hills 3 February 2, 2010 P15 Board of Directors Y.IN °eb Chino Valley Fire District Ray president dent fl John DeMonaco rice President 14011 City Center Drive Tames S Espinosa Chino Hills,CA 91709 Rd Gray "i' (909)902-5260 Administration Sarah Evinger F bit3� ' (909)902-5280 Fire Prevention (909)902-5250 Fax Chinovalleyflre.org Etre Chief Paul L. Benson January 20, 2010 FIRE PROTECTION REQUIREMENTS is a recommendation of the Chino Valley Fire District that the developer of every new construction project facilitate a pre- Instruction meeting. The meeting is to be scheduled with the Deputy Fire Marshal. Attendees of the meeting shall include a re District representative,the Developer, and the General Contractor. re following are the Fire District conditions of this development. Questions regarding plan review fees, plan routing occdures, or the status of your plans can be answered by calling Alma Nielsen at(909)902-5280, extension 404. peslions regarding these requirements can be answered by exiling Deputy Fire Marshal Danielle Raines at 09) 902-5280, extension 401. ttit# 13636 Section 9-1100 Project Name: CHINO HILLS WINES Bc SPIRITS _ .Ing Address; 5771 PINE AVE STE K ty#: 09CUP 14 Type of Development: Commercial arnty #: 1027-581-33 act#: rplicarrt: ALL STAR REALTY tdress: 5905 WINNCLIFF DR ty,Stafe,Zip: RIVERSIDE, CA 92509 one#: (95 I) 681-0296 :sign Engineer: 'dress: ty,State,Zip: one ll: plicable Fire Protection Standards are: spired Fire Flow for this project is: 1500 G.P.M. ® 20 P$,I. Residual Pressure, 2 Hour Duration. Page 1 of 2 P16 January 20, 2010 Permit# 13636 FIRE DISTRICT CONDITIONS OF APPROVAL The above-referenced project is in the jurisdiction of the Chino Valley Independent Fire District Prior to any construction occurring on any parcel,the applicant shall contact the Fire District for verification of current fire protection development requirements. Any modification,change of use,or tenant improvement to any occupancy shall be submitted to the Fire Prevention Division for approval prior to any work being done. All new construction shall comply with the International Fire Code, 2006 Edition, and the California Fire Code, 2007 Edition (as adopted by the Chino Valley Independent Fire District); and all applicable statues, codes, ordinances and Fire District Standards. All required permits shall be obtained and fees paid as specified in the current Fire District Fee Schedule Ordinance. 0.0 No Conditions for this Project 4M SPECIAL CONDITIONS FOR THIS PROJECT ARE: 1.©Separate plan submittals are required for a.OBuilding Construction(Tenant Improvement) b.['Fire Sprinklers(Must ha done by a C-16 contractor)If applicable All plans shall be submitted to a contracted consultant with the Chino Valley Fire District, Plans shall be approved and a permit obtained prior to the commencement of work. The permit and an approved/stamped sot of plans shall be maintained onsite during construction, Fees are to be paid at time of submittal. (The construction plans do not need to be submitted to the outside consultant, the sprinkler plans will need to be, unless it is 5 heads or less), 2.©The securing of the store room shall be done in such a manner to allow for proper exiting. This shall be clearly indicated on the tenant improvement plans. 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' SiitaaHsitavio stdra; - i , . 1 i " ±0M .1. .. - A tt ., 14,0**31141tie ' li 11 ' . *.4, %.,..4;:eL ti‘,...i),,... ••• .. lat:C4 1- - .1 t • it , ritolyalc,:, its _ NOTICE OF PUBLIC HEARING DATE: Tuesday,February 2,2010 TIME: 7:00 p.m. PLACE:City of Chino Hills Council Chambers 14000 City Center Drive Chino Hills,CA 91709 NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Chino Hills will hold a public hearing at the time and place indicated above to consider Conditional Use Permit 09CUP14. PROJECT DESCRIPTION:Mr. Dick Evitt, the representative for Mr. Basem N. Khkader, is requesting approval of Conditional Use Permit 09CUP14 to allow the sale of alcoholic beverages for offsite consumption for Chino Hills Fine Wines&Spirits mini-market. PROJECT LOCATION: The project is located at 5771 Pine Avenue, Suite K, within the Pine Corporate Center. NOTICE IS HEREBY FURTHER GIVEN that a determination has been made that the proposed project is exempt from CEQA under Section 15051(b)(3) Review for Exemption of the CEQA Guidelines. The proposed Conditional Use Permit would allow the sale of alcoholic beverages for offsite consumption at a business located within an existing shopping center and building;there is no potential for the project to cause a significant effect on the environment. The project development application is available for public review at the City of Chino Hills Community Development Department at 14000 City Center Drive, Chino Hills, CA on Monday, Wednesday, Thursday, and Friday from 7:30 a.m, to 3:30 p.m. and Tuesday from 7:30 a.m. to 7:00 p.m. All persons may give testimony at the time and place indicated above. NOTICE IS HEREBY FURTHER GIVEN that if you challenge the above described project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. ALL PERSONS INTERESTED are invited to be present at the public hearing. Additional information regarding this project may be obtained from Jerrod Walters, Associate Planner, with the Community Development Department at(909)354-2753. DATED: January 20,2010 S/Jerrod Walters,Associate Planner PUBLISH: Chino Hills Champion Saturday,January 23, 2010 P20 AFFIDAVIT OF MAILING Notice of Public Hearing: Conditional Use Permit 09CUP14 Chino Hills Fine Wines & Spirits 5771 Pine Avenue, Suite K STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ss. CITY OF CHINO HILLS I, Jerrod Walters, do hereby certify that a copy of the attached Notice of Public Hearing before the Planning Commission, for Conditional Use Permit 09CUP14, was mailed to each and every person set forth on the attached list on January 20, 2010. Mailing of this document was completed by placing a copy of said document in an envelope, with postage prepared, and depositing same in the U.S. Mail at Chino Hills, California. I declare under penalty of perjury that the foregoing is true and correct. Dated at Chino Hills, California, January 20, 2010. etJerrod Walters, Associate Planner P21 PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Chino Hills will hold a public hearing on Tuesday, February 2, 2010, at 7:00 p.m., in the Council Chambers of the City Hall, 14000 City Center Drive, Chino Hills, CA, to consider the following project. i:c:f 14,“;r:1414,4\i 4>55s 7 r'r"%-qJ£'. c , CASE NO.: Conditional Use Permit 09CUP14 4":„ q .4,�2`�� s.-" - il-0,17 APPLICANT: Dick Evitt V Y .e-' z=W All Star Realty :Ali• rllie r s� :, ,„a te c"x,. n�. 5905 Winncliff Drive '' ` j `kitcA 4 Riverside, CA 92509 „ 3 .. ``.c.JW2j y, i VJjkt-ti.j.n.p.6' y '„5 , �3 y r ._-' i*1 'Aye z + . OWNER: Basem N. Khkader ' �t x �7 .�. s s..�sf �P tit', ".---or Prairie Street 104441, N M ;.,,):'^ 1yl , , V Northridge, CA 91325 i "'- 6,a fY..n �j,ry' �u, 'd c” K. PROPOSAL: The applicant is requesting approval of a % " `fir , . ) rrs'sF> k .. ;, y. beverages(including beer, wine and distilled t, 4` $ is t ? " u ' o� spirits)for offsite consumption within a new ' 1 '�,+ �'j a 4 H '''a i , z mini-market convenience store. \ �ft 4:, r�� �{mM1.a�,z��,� e1 � �� l;; tart 17 LOCATION: 5771 Pine Avenue, Suite K within the Pine ;, � \jr c _ter„ d z.,E:y�y ;ra'; Corporate Center , ,w->", , .N4 r K, a.. N g APN: 102T581-33 rVectangle Map (Red reotangie'€ndicafes project site) ENVIRONMENTAL Staff has determined that the proposed project is exempt pursuant to the provisions of Section REVIEW: 15061(b)(3) Review for Exemption of the California Environmental Quality Act Guidelines. The proposed Conditional Use Permit would allow the sale of alcoholic beverages for offsite consumption at a business located within an existing shopping center and building; there is no potential for the project to cause a significant effect on the environment. STAFF: Christine Kelly, Community Development Director Jerrod Walters, Associate Planner NOTICE IS HEREBY FURTHER GIVEN that if you challenge the above described project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. ALL PERSONS INTERESTED are invited to be present at the public hearing. The proposed project application may be viewed Monday, Wednesday, Thursday, and Friday from 7:30 a.m. to 3:30 p.m. and Tuesday from 7:30 a.m. to 7:00 p.m. in the Community Development Department, City Hall, 14000 City Center Drive, Chino Hills, California. 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MESA OAK AVE HIND, CA 91709 CHINO HILLS, CA 91708 CHINO HILLS, CA 91709 27-512-25 1027-512-35 1027-512-03 NEGAS, JULIO HART, DOUG GARCIA, ALBERICK 305 BEAVER SPRINGS CT 5705 BEAVER SPRING CT 16800 MESA OAK AVE HINO HILLS, CA 91709 CHINO HILLS, CA 91709 CHINO HILLS, CA 91709 127-512-26 1027-512-36 1027-512-02 EGGIO, JOHN A FREEDMAN, BRUCE TRAN, MARIAN REV TR 8-12-05 (95 BEAVER SPRING CT 5702 BEAVER SPRING CT 16808 MESA OAK AVE HIND HILLS, CA 91708 CHINO HILLS, CA 91709 CHINO HILLS, CA 91709 )27-512-27 102.7-512-37 AOLIM, RAMONA SWEET, JOSHUA LOPEZ,JOSE&ANITA TRUST AGREEMENT 785 BEAVER SPRINGS CT 5712 BEAVER SPRINGS CT POBOX 2723 HUNTINGTON PARK,CA 90255 HINO HILLS, CA 91709 CHINO HILLS, CA 91709 )27-512-28 1027-512-38 •11027-511-01 NDERSON, DELANO GRANSE, JEFFREY OCLARINO, HELENE 775 BEAVER SPRING COURT 5722 BEAVER SPRING CT ' 16811 MESA OAK AVE HINO HILLS, CA 91708 CHINO HILLS, CA 91708 CHINO HILLS, CA 91709 -512-29 1027-512-39 1027-581-30 IENDF7, GILBERT F SCHOELLERMAN, RANDALL S BKRP LLC 765 BEAVER SPRING COURT 5732 BEAVER SPRING CT 804 COLDSTREAM CT •HIND HILLS, CA 91708 CHINO HILLS, CA 91709 DIAMOND BAR, CA 91765 )27-512-30 1027-512-40 1027-561-26 'ESENKILD, L TR 10-11-06 MIKULJAN, IGOR LIPINSKY, D&G FAMILY TRUST UTD 9/2 755 BEAVER SPRING CT 5742 BEAVER SPRING COURT 5811 PINE AVE HIND HILLS, CA 91709 CHINO HILLS, CA 91708 CHINO HILLS, CA 91709 )27-512-31 1027-512-41 1027-581-28 :ARDENAS, ALFREDO ALEMAN, MARIA D JORDAN ROSE LLC 745 BEAVER SPRING CT 5752 BEAVER SPRING CT 5817 PINE AVE STE A :HINO HILLS, CA 91708 CHINO HILLS, CA 91709 CHINO HILLS, CA 91709 027-512-32 1027-512-42 IADLANGSAKAY, CANDIDO JR RIVAS, LORENA O W COMMERCIAL INC 735 BEAVER SPRING CT 5762 BEAVER SPRINGS CT 600 W BROADWAY STE 2600 :HINO HILLS, CA 91709 CHINO HILLS, CA 91709 SAN DIEGO, CA 92101 027-512-33 1027-512-05 1027-581-22 3, LIANG NAKAD, ANTOINE J HERITAGE MORTGAGE INC J BEAVER SPRINGS CT 16784 MESA OAK AVE 5821 PINE_AVE UNIT A :HINO HILLS, CA 91709 CHINO HILLS, CA 91709 CHINO HILLS, CA 91709 ®091-5 ©ALUM a AH AV^09-008-1- ®09L9 31V1dIN31®tianV ash wor7uanermnnnn s 6ulyuIJd aaJA a6pnws puf gulf 009 GS aaseq slege'ISc) PPV unu=dXv ;HINO HILLS PODIATRY GROUP INC 1027-581-25 1027-581-19 :140 GRAND AVE STE 210 SWIE i ROBIN M MAJOR & FOSTER PROPERTIES INC :HIND HILLS, CA 91709 5827 PINE AVE STE B 5831 PINE AVE CHINO HILLS, CA 91709 CHINO HILLS, CA 91709 1027-581-13 1027-581-15 HEG LLC IULLER, MATTHEW M SNOWBERRY PROPERTIES LLC I839 PINE AVE 5843 PINE AVE#A 23070 PASEO DE TERRADO#1 :HINO HILLS, CA 91709 CHINO HILLS, CA 91709 DIAMOND BAR, CA 91765 -lEG LLC 19057 COLIMA RD 2OWLAND HEIGHTS, CA 91748 ®09LS aoj aleidwai asn R,lsaaags paa j qip'q