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HomeMy WebLinkAbout93-017 - ResolutionsNO ACTION RESOLUTION NO. 93-017 A RESOI/3I~ON OF ~ CITY ODUNCIL OF ~{E CITY OF RANCHO (/3CO%~DNCW%, CALIFORNIA, D~qYING, OC~DITIONAL USE PERMIT NO. 92-18, THE DEVELOPM~N~ OF A ~ S~DPPING CENT~ CONSISTING OF A 75,000 SQL~REFOOTGROCERY STORE, TWO ~.~E BUILDINGS OF 3,500 SQUARE FEET EACh, AND A IRRIVE-THRUPADOF 4,800 SQII~REFE~TONlO.6 A(RRESOFLAND IN THE ~ O2~4~CIAL DISTRICT (SUBAREA 2) OF THE ~ OC~NER OF FOOIM/IL BOULEVARD AND VINEYARD AVeFOE, AND MAKING FINDINGS IN ~ THERMOF - APN: 207-102-03, 5, 8, 15, 20, 21, AND 49. A. Recitals. (i) Smith's Food & Drug bas filed an application for the issuance of Conditional Use Permit No. 92-18 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Pe/mlit request is referred to as "the application." (ii) On the 9th day of December 1992, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. On December 15, 1992, a subsequent public hearing was conducted and following the conclusion of said public hearing, the Planning C~mumission adopted Resolution No. 92-151 thereby rec~m,~nding to this City Council that said application be denied. (iii) The decision represented by said Planning C~u~,~ssion Resolution was timely appealed to this Council. (iv) on January 20, 1993, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and continued said hearing to February 17, 1993, for the purpose of allowing a subc~,u~,~ttee of the City Council the opportunity to more closely review specific design issues. (v) 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. 2. Based upon substantial evidence presentedtothis Council during the above-referenced January 20, and February 17, 1993, public hearing, including written staff reports, the minutes of the above-referenced Planning C~t~gssion meeting, and the contents of Planning Co~m~ssion ~solution No. 92-151, this Council hereby specifically finds as follows: Resolution No. 93-017 Page2 (a) The application applies to property located at the northwest corner of Foothill Boulevard and Vineyard Avenue with a street frontage of 770 feet along Foothill Boulevard and a lot depth of 780 feet on property zoned Cc~mL~nity C~L~rcial. The proposed site is cc~posed of several parcels and is presently improved with a vacated roller rink and restaurant, a free-standing vacated restaurant and associated parking lot with landscaping, and a one-story, wood-framed residence; and (b) The properties to the north of the subject site are partially vacant and developed with two apartment buildings, the property to the south consists of vacant prop~ south of Foothill Boulevard, the property to the east is C~m~rcial east of Vineyard Avenue, and the property to the west is the Cucamonga Channel; and (c) The application contemplates the development of a 75,000 square foot grocery store, two satellite buildings (B & C) comprised of 3,500 square feet each, and a drive-thru pad consisting of 4,800 square feet; and (d) The application, as proposed, would be detrimental to the public health, safety, and welfare and does not comply with each of the applicable provisions of the Development Code and the Foothill Boulevard Specific Plan for the following reasons: (1) The architecture and related design elements within the proposed project, as reflected in this application, are not consistent with the goals, policies, and design guidelines of the Foothill Boulevard Specific Plan which states the following: 1) In Section 4.5.1, that vehicular traffic through adjacent residential streets shall be minimized; 2) In Section 8.2.2, that A~-tivity Center parking lots dominating the street scene are specifically prohibited and auto-related facilities (i.e., working bays, storage, etc. ) shall be screened or oriented away frc~ public views, buildings shall be sited and designed to minimize pedestrian/vehicle conflicts and avoid locating driveways and service areas which interfere with the flow of Foothill Boulevard pedestrian movements; 3) In Section 8.2.5, that in Activity Center locations, the parking areas shall be located to the rear of building; and 4) In Section 9.4.3, that parking lots between the front property line and major structures are strongly discouraged; and (2) The design of the Smith' s st~re, as proposed, provides loading dock facilities on the west side of the store which faces Foothill Boulev-~xt and is, therefore, ~istent with the design of other major supermarkets in Rand%o Cucamonga which front onto major thoroughfares. The location and orientation of loading facilities are typically provided along the rear elevations of grocery stores and/or shopping centers to conceal delivery activity from public view, particularly in an area which is considered to be a major gateway into the western section of the City; and (3) Truck traffic along San Bernardino Road and truck ingress/e~ress from and to this street, which is proposed by the project site design, is undesirable to existing residences along both sides of the street. Resolution No. 93-017 Page 3 3. Based upon the substantial evidence presented to this Council during the above-referenced public hearing, including written and oral staff reports, this Council hereby finds and concludes as follows: (a) ~nat the proposed use is not in aocord with the General Plan, the objectives of the Development Code, and the txlrposes of the district in which the site is located; and (b) That 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; (c) That the proposed use does not comply with each of the applicable provisions to the Develc~m~nt Code and Foothill Boulevard Specific Plan. 5. The City Council of the City of Rancho Cucamonga hereby denies the application. 6. This Council hereby provides notice to Smith's Food and Drug that the time within which judicial review of the. decision represented by this Rmsolution 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 Smith's Food and Drug at the address identified in City records.