No preview available
HomeMy WebLinkAbout10-28 - Resolutions RESOLUTION NO. 10-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING USE DETERMINATION DRC2010-00393, BY DETERMINING THAT A SPRINT WIRELESS PHONE STORE IS SIMILAR TO A SPECIALTY RETAIL USE WITHIN THE SPECIALTY COMMERCIAL DISTRICT OF THE FOOTHILL BOULEVARD DISTRICT AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. North American Wireless filed an application for a Use Determination DRC2010-00393, for a Sprint wireless phone store, within the Specialty Commercial District. Hereinafter in this Resolution, the subject Use Determination request is referred to as "the application." 2. On the 14th day of July 2010, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the Use Determination and concluded said meeting on that date. 3. 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. The 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 substantial evidence presented to this Commission during the above-referenced meeting on July 14, 2010, including written and oral staff reports,the Commission hereby specifically finds as follows: a. The use in question is of a similar intensity to other permitted or conditionally permitted uses in the same district. The purpose and intent of the Development Code, stated in part in Section 17.32.020 (Al) is, "to accommodate specialty uses, which promote a special landmark quality or create a special ambience, which is unique to a particular subarea." The application applies to property at 8976 Foothill Boulevard within the Thomas Winery Plaza. b. The use in question does meet the purpose and the intent of the district in which it is proposed. The application applies to property at 8976 Foothill Boulevard within the Specialty Commercial District of the Foothill Boulevard Specific Plan. The intent is that the primary use shall be Specialty Retail according to Development Code Section 17.32.030(Cl),which states: 'The use is typified as small shops and boutiques, which specialize in limited product lines of unique and novel designs and/or purpose." C. The use in question does meet and conform to the applicable goals and objectives of the General Plan. The General Plan states it: "is responsive to our Vision because it provides further land use support to supplement the activity centers previously envisioned in the Old Cucamonga sector when Foothill Boulevard Specific Plan was prepared." PLANNING COMMISSION RESOLUTION NO. 10-28 USE DETERMINATION DRC2010-00393 - SPRINT July 14, 2010 Page 2 3. Based upon substantial evidence presented to this Commission during the above-referenced meeting on July 14, 2010, including written and oral staff reports,the Commission hereby specifically finds and concludes as follows per the City of Rancho Cucamonga Development Code, Section 17.02.040 D: a. The use in question is of a similar intensity to other permitted or conditionally permitted uses in the same district. b. The use in question meets the purpose and intent of the intent of the district in which it is proposed. C. The use in question meets and conforms to the applicable goals and objectives of the General Plan. 4. The Planning Department staff has determined that the activity is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The activity qualifies under Section 15061 (b)(1)of the State CEQA Guidelines Project exemption because the activity is not a project as defined in Section 15378 and there is no possibility the activity in question may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 5. Based upon the substantial evidence presented to this Commission during the above-referenced meeting and upon specific findings of facts set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby determines that the Sprint wireless phone store, is of a similar intensity to other permitted or conditionally permitted uses in the same district, does meet the purpose or intent of the Specialty Commercial District of the Foothill Boulevard Specific Plan, and does conform to the goals and objectives of the General Plan. 6. The Secretary shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JULY 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA B — Richard B. Fletcher, Chairman ATTEST: //'I� � ,,Lk/ J es R. Troyer, AI P, Sec t PLANNING COMMISSION RESOLUTION NO. 10-28 USE DETERMINATION DRC2010-00393 - SPRINT July 14, 2010 Page 3 I, James R. Troyer,AICP, 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 14th day of July 2010, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: MUNOZ