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HomeMy WebLinkAbout97-099 - ResolutionsRESOLUTION NO. 97-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MODIFYING A PLANNING COMMISSION DECISION TO LIMIT THE HOURS OF OPERATION FROM 5:00 A.M. TO 12:00 P.M. FOR THE DEVELOPMENT OF A SERVICE STATION, DRIVE-THRU FAST FOOD RESTAURANT AND CANOPY TOTALING 7,672 SQUARE FEET ON 1.1 ACRES OF LAND, AND A MASTER PLAN OF THE SURROUNDING 1.9 ACRES OF LAND, WITHIN THE OFFICE PARK DISTRICT OF THE TERRA VISTA COMMUNITY PLAN, LOCATED AT THE SOUTHWEST CORNER OF MILLIKEN AVENUE AND BASE LINE ROAD, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-672-37. A. RECITALS. 1. Texaco Refining and Marketing, Inc. has filed an application for Conditional Use Permit 96-27 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 June 11, 1997, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and, following the conclusion of said public hearing, adopted Resolution No. 97- 33, thereby recommending to this City Council that said application be denied. 3. The decision represented by said Planning Commission Resolution was timely appealed to this Council. 4. On July 16, 1997, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 5. 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 City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part "A," of this Resolution are true and correct. Resolution No. 97-099 Page 2 2. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: (a) That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CERA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the City Council; and, further, this Council has reviewed and considered the information contained in said Negative Declaration with regard to the application. (b) That, based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. (c) Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the City Council during the public hearing, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-l-d) of Title 14 of the California Code of Regulations 3. Based upon substantial evidence presented to this Council during the above-referenced July 16, 1997, headng, including written staff reports, the minutes of the above-referenced Planning Commission meeting, and the contents of Planning Commission Resolution No. 97-33, this Council hereby specifically finds as follows: (a) The application applies to property located at the southwest corner of Base Line Road and Milliken Avenue, with a street frontage of 352 feet along Base Line Road and 290 feet along Milliken Avenue and is currently vacant; and (b) The property to the north of the subject site is vacant park land, the property to the south and west consists of existing townhomes, and the property to the east is the Central Park Plaza; and Resolution No. 97-099 Page 3 (c) The application contemplates the operation of a 24-hour self- serve service station, convenience market and drive-thru restaurant; and (d) The application proposes the development of a 7,672 square foot service station, drive-thru restaurant, and canopy on 1.1 acres of land, and a master plan for the development of 1.9 acres of land; and (e) The Texaco site will be developed initially and the master planned area will be landscaped for both erosion control and to screen the project site from adjacent residences; and (f) The design of the proposed project will subject adjacent residences to light, noise, and security related concerns that cannot be mitigated by proposed improvements; and (g) Restricting the hours of operation from 6:00 a.m. to 10:00 p.m. will minimize project related impacts to adjacent residences; and (h) Expanded hours of operation may be considered by the Planning Commission upon development of the master planned area of the project. 4. Based upon the substantial evidence presented to this Council during the above-referenced public headng, and upon the specific findings of facts set forth in paragraphs 1, 2, and 3 above, this Council hereby finds and concludes as follows: (a) The proposed use is consistent with the General Plan and the Terra Vista Community Plan; and (b) The design of the proposed project, together with the conditions of approval, meet all applicable provisions of the Development Code, Terra Vista Community Plan, and drive-thru policies; and (c) The proposed use, together with the conditions applicable thereto, will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. (d) The development of the proposed project would not have a significant impact to the environment. 5. The City Council of the City of Rancho Cucamonga hereby modifies the application as follows: Resolution No. 97-099 Page 4 (a) Environmental Mitigation Measure No. 5 shall be revised to read: All exterior maintenance and delivery, including fuel delivery to the subject site, shall only occur dudng the hours of 9:00 a.m. to 6:00 p.m. (b) Environmental Mitigation Measure No. 9 shall be revised to read: The hours of operation shall be limited to 5:00 a.m. to 12:00 p.m., seven days a week, until such time as development on Parcel 2 of Parcel Map 14001 shall occur, at which time the applicant can request an expansion of the hours. (c) Environmental Mitigation Measure No. 10 shall read: The applicant shall conduct a survey of the surrounding residents every six months and submit the survey results to the City Planner. The form and method of the survey shall be approved by the City Planner. The City Planner shall consider the survey results and determine compliance with the project's conditions of approval and address any issues that warrant enforcement or modification to the conditions of approval. 6. This Council hereby provides notice to Texaco Refining and Marketing, Inc., that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 7. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to Texaco Refining and Marketing, Inc., at the address identified in City records. PASSED, APPROVED, AND ADOPTED this 16th day of July, 1997. AYES: NOES: None ABSENT: None ABSTAINED: None Alexander, Biane, Curatalo, Gutierrez, Williams William J. AI/~der, Mayor/' Resolution No. 97-099 Page 5 ATTEST: CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 16th day of July, 1997. Executed this 17th day of July, 1997, at Rancho Cucamonga, California. De, r'~~'a~l's, cM C,~~City "Cle r k~