HomeMy WebLinkAbout08-096 - Resolutions RESOLUTION NO. 08-096
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING USE
DETERMINATION DRC2008-00179, BY DETERMINING THAT A
FRESH & EASY MARKET IS SIMILAR TO A SPECIALTY FOOD
STORE WITHIN THE SPECIALTY COMMERCIAL DISTRICT OF
THE FOOTHILL BOULEVARD DISTRICTS; AND MAKING
FINDINGS IN SUPPORT THEREOF
A. RECITALS.
1. Legg Mason Real Estate Investors, Inc. filed an application for Use
Determination DRC2008-00179,for a Fresh & Easy Market, within the Specialty
Commercial District. Hereinafter in this Resolution, the subject Use
Determination request is referred to as "the application."
2. On the March 26, 2008, the Planning Commission of the City of Rancho
Cucamonga denied the applicant's request through Resolution No. 08-13 with
the appropriate findings enumerated and informed the applicant of their right to
appeal under prescribed procedures.
3. The decision made by the Planning Commission as contained in their Resolution
08-13 was appealed in a timely manner to the City Council.
4. On the May 7, 2008, the City Council of the City of Rancho Cucamonga
conducted a duly noticed public hearing to review said appeal and concluded
said hearing on that date prior to the adoption of this Resolution.
5. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. RESOLUTION.
NOW,THEREFORE,it is herebyfound,determined, and resolved by the City Council
of the City of Rancho Cucamonga as follows:
1. This City 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 presented to this Council during the above-
referenced May 7, 2008 hearing, including written staff reports, public testimony,
and the minutes and staff report of the above-referenced Planning Commission
meeting, this Council hereby specifically finds as follows:
a. The application applies to all sites designated Specialty Commercial within
the Foothill Boulevard Districts; and
Resolution No. 08-096
Page 2 of 3
b. The applicant proposes a 13,969 square foot "Fresh & Easy' market within
the Thomas Winery Plaza located on the Northeast corner of Foothill
Boulevard and Vineyard Avenue, offering convenience-related items such
as pre-packaged, ready-to-go foods, boxed lunches, pastries, etc., and is
designed to be a local neighborhood market; and
c. The purpose and intent of the Development Code, stated in part in Section
17.32.020 is, "to accommodate specialty uses, which promote a special
landmark quality or create a special ambience,which is unique to a particular
subarea." The proposed "Fresh & Easy" market will be constructed to be
architecturally compatible with the historic Thomas Winery; and
d. The Development Code Section 17.32.030 — Use Regulations for Foothill
Boulevard Districts, lists the secondary permitted and conditionally permitted
uses that may be allowed in the Specialty Commercial districts. The use in
question is not defined, however, the "Fresh & Easy" market is of similar
intensity to other permitted or conditionally permitted uses in the same
district, and
e. The use in question does meet and conform to the applicable goals and
objectives of the General Plan. The General Plan Land Use element states
that it "is responsive to our Vision because it: f) provides further land use
support to supplement the activity centers previously envisioned in the Old
Cucamonga sector when the Foothill Boulevard Specific Plan was
prepared...n)stimulates new options and configurations for development at
key entry points to our City."
3. Based upon the substantial evidence presented to this Council during the above-
referenced public hearing, and upon the specific findings of facts set forth in
paragraphs 1, and 2 above, this Council hereby finds and concludes as follows:
a. That the Fresh and Easy market is of a similar intensity to other permitted or
conditionally permitted uses in the same district, and
b. That the Fresh & Easy Market meets the purposes or intent of the Specialty
Food Store use within the Specialty Commercial District of the Foothill
Boulevard Districts, and
c. That the Fresh & Easy market conforms to the goals and objectives of the
General Plan.
4. The City Clerk shall certify to the adoption of this Resolution.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 08-096
Page 3 of 3
PASSED, APPROVED, AND ADOPTED this 21" day of May 2008.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Donald J. Kurth, ., Mayor
ATTEST:
1 6 /q &.'�
Debra J. A s, 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 21 s` day of May 2008.
Executed this 22ntl day of May 2008, at Rancho Cucamonga, California.
Jull A K a-,,
Debra J. Ada s MC, City Clerk