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HomeMy WebLinkAbout10-40 - Resolutions RESOLUTION NO. 10-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING USE DETERMINATION DRC2010-00494, BY DETERMINING THAT SUPERMARKETS ARE A PERMITTED USE, AND SUPERMARKETS WITH BEER, WINE, AND DISTILLED SPIRITS ARE A CONDITIONALLY PERMITTED USE WITHIN THE COMMUNITY COMMERCIAL DISTRICT OF THE TERRA VISTA COMMUNITY PLAN;AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Landmark Development Group, on behalf of WinCo Foods, filed an application for a Use Determination DRC2010-00494, a request to add supermarkets as a permitted use in the Community Commercial District of the Terra Vista Community Plan. Hereinafter in this Resolution, the subject Use Determination request is referred to as "the application." 2. On the 25th day of August 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 August 25, 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 Community Commercial District of the Terra Vista Community Plan allows for large retail stores such as department stores, outlet stores, variety stores, home improvement and home appliance stores. These types of large scale retail operations have similar intensity to a supermarket (i.e. hours, deliveries, square footage). . b. The use in question does meet the purpose and the intent of the district in which it is proposed. The Terra Vista Community Plan calls for Community Commercial land uses to accommodate department stores, community oriented establishments, and entertainment facilities and restaurants. The plan specifically mentions supermarkets as an example of a community oriented establishment. In addition,the plan also allows for a variety of uses that are typically found in a supermarket, such as bakeries, delicatessens, drug stores, and wine and liquor stores, with a conditional use permit. C. The use in question does meet and conform to the applicable goals and objectives of the General Plan. Land Use Policy LU-1.2 encourages designating "appropriate land uses to serve local needs and be able to respond to regional market needs, as appropriate." Land Use Policy LU 1.3 encourages "commercial centers that serve a broad range of retail and service needs for the community." Including supermarkets as a permitted use in the Community Commercial Districts of the Terra Vista Community Plan will enhance the existing retail and service establishments already present in those areas. Currently, supermarkets are only allowed in Neighborhood Commercial (Base Line Road and Haven Avenue and Base Line Road and Milliken Avenue — which are both developed with grocery stores) and Recreational Commercial (Milliken PLANNING COMMISSION RESOLUTION NO. 10-40 DRC2010-00494 — LANDMARK DEVELOPMENT GROUP ON BEHALF OF WINCO FOODS August 25, 2010 Page 2 Commercial (Milliken Avenue and Church Street — which is already developed). Allowing supermarkets in Community Commercial Districts, will provide residents within the Terra Vista Planned Community and the City an additional local source for groceries. 3. Based upon substantial evidence presented to this Commission during the above-referenced meeting on August 25, 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 Use Determination 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 be demonstrated with reasonable certainty that the action of a Use Determination by the Planning Commission to determine that supermarkets are a permitted use within the Community Commercial District and supermarkets with beer, wine and distilled spirits for retail sale with a Conditional Use Permit within the Community Commercial District of the Terra Vista Community Plan will not 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 staff's 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 supermarkets are a permitted use (conditionally permitted if alcohol is sold)within the Community Commercial District of the Terra Vista Community Plan. 6. The Secretary shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF AUGUST 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA �� BY: Luis Munoz Jr., Chairman ATTEST: ' All Ja t s R. Troyer, AICP, Secretary 1, 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 PLANNING COMMISSION RESOLUTION NO. 10-40 DRC2010-00494 — LANDMARK DEVELOPMENT GROUP ON BEHALF OF WINCO FOODS August 25, 2010 Page 3 Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 25th day of August 2010, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE