HomeMy WebLinkAbout01-48 - Resolutions RESOLUTION NO. 01-48
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, SUSPENDING REVOCATION OF
CONDITIONAL USE PERMIT NO. 98-08, LOCATED IN THE GENERAL
COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT
THEREOF—APN: 202-092-08
A. Recitals.
1. Sam and Lora Iftikhar filed an application for the issuance of Conditional Use Permit
No. 98-08, 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 the 10th day of January 2001, the Planning Commission determined there was
sufficient evidence to warrant a hearing on a proposed revocation of the Conditional Use Permit.
3. On the 14th day of February 2001, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing for the revocation or modification of the
Conditional Use Permit and rendered a decision finding that the Conditional Use Permit is not being
conducted in an appropriate manner, and that modifications to conditions were necessary and
continued the matter to February 28, 2001.
4. On the 28th date of February 2001, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing for the revocation or modification and rendered
a decision finding that the applicant had demonstrated a good faith effort to modify the property for
conformance, and continued the matter to April 25, 2001.
5. On the 25th day of April 2001, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the application and continued the matter to
May 23, 2001.
6. On the 17th day of May 2001,the City Planner deemed the application for a new parking
lot as complete.
7. On the 23rd day of May 2001, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the application and concluded that the
applicant has shown sufficient evidence that no revocation is necessary.
8. 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 Planning Commission
of the City of Rancho Cucamonga as follows:
1. This Commission 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 the substantial evidence presented to this Commission during the above-
referenced public hearing on May 23, 2001, including written and oral staff reports, together with
public testimony, this Commission hereby specifically finds as follows:
PLANNING COMMISSION RESOLUTION NO. 01-48
CUP 98-08— BASELINE BARGAIN CENTER
May 23, 2001
Page 2
a. The application applies to property located at 9456 Roberds Street with a street
frontage of 263.4 feet, and lot depth of 206.3 feet,which is presently improved with a 24,258 square
foot warehouse facility, 14 standard parking spaces and 2 handicapped spaces; and
b. The property to the north of the subject site is residential, the property to the south
consists of commercial uses, the property to the east is a Southern Pacific Railway easement, and
the property to the west is a 7-Eleven service station; and
C. The application contemplated the establishment of a wholesale business in a
General Commercial District; and
d. On May 26, 1998, the City of Rancho Cucamonga granted a business license for
warehouse use only comprised of the 1 st floor, which has expanded to both floors; and
e. On July 7, 1998, the Planning Division approved a parking plan for 14 spaces with
the potential for 10 more spaces; and
f. On August 23, 1998, the Planning Division denied a Business License for retail use.
Since December 1998, the owners have continually operated a retail business with the required
permits; and
g. On June 21, 1999, the applicant submitted a new Business License application
indicating some retail use; and
h. On July 1, 1999,the Planning Division issued a Business License correction letter,
which stated the permitted use was for a "product storage warehouse" pursuant to the approved
Conditional Use Permit; and
i. The applicant has demonstrated good faith in submitting an application(Conditional
Use Permit DRC2001-00088) to address the outstanding issues and provided documentation of
phasing plans and revised the parking lot to include the required standards; and
j. On May 17, 2001, the Planning Division deemed Conditional Use Permit DRC2001-
00099 application for expansion of a parking area complete.
3. Based upon the substantial evidence presented to this Commission during the above-
referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2
above, this Commission hereby finds and concludes as follows:
a. If Conditional Use Permit DRC2001-00088 is approved with conditions, then the
conduct of the establishment or the granting of the use with sufficient parking is in accordance with
the General Plan, the objectives of the Development Code, and the purposes of the district in which
the site is located.
b. If Conditional Use Permit DRC2001-00088 is approved with conditions, then the
continued operation of the existing uses, would not be detrimental to the public health, safety or
welfare and would not be materially injurious to properties or improvements in the vicinity.
C. If Conditional Use Permit DRC2001-00088 is approved with conditions, then the
continued operation of the existing uses complies with each of the applicable provisions of the
Development Code.
PLANNING COMMISSION RESOLUTION NO. 01-48
CUP 98-08— BASELINE BARGAIN CENTER
May 23, 2001
Page 3
4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this
Commission hereby suspends the revocation of Conditional Use Permit 98-08, pending the final
outcome of Conditional Use Permit DRC2001-00088.
5. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 23RD DAY OF MAY 2001.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: G\�`'�l
La cNiel, Chairman
ATTEST: �'�
rad Bull retary
I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby
certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the
Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning
Commission held on the 23rd day of May 2001, by the following vote-to-wit:
AYES: COMMISSIONERS: MACIAS, MCNIEL, STEWART, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MANNERINO