HomeMy WebLinkAbout90-37 - Resolutions RESOLUTION NO. 90-37
A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA
PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT
NO. 90-08 FOR A CONVENIENCE STORE LOCATED IN A LEASED
SPACE OF 1 ,750 SQUARE FEET WITHIN AN EXISTING COMMERCIAL
CENTER LOCATED ON 8.2 ACRES OF LAND IN THE COMMUNITY
COMMERCIAL DISTRICT, SUBAREA 3 OF THE FOOTHILL BOULEVARD
SPECIFIC PLAN , LOCATED AT 9319 FOOTHILL BOULEVARD , SUITE
A, AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 208-261-58.
A. Recitals.
(i ) Nghia Thi Do has filed an application for the issuance of
Conditional Use Permit No. 90-08 as described in the title of this
Resolution. Hereinafter in this Resolution, the subject Conditional Use
Permit request is referred to as "the application."
( ii ) On the 28th of March, 1990, the Planning Commission of the
City of Rancho Cucamonga conducted a duly noticed public hearing on the
application and concluded said hearing on that date.
(iii ) All legal prerequisites 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 substantial evidence presented to this Commission
during the above-referenced public hearing on March 28, 1990, including
written and oral staff reports, together with public testimony, this
Commission hereby specifically finds as follows:
(a) The application applies to property located at
9319 Foothill Boulevard with a street frontage of 672 feet and lot depth of
490.67 feet and is presently improved with a commercial center and parking
spaces; and
(b) The property to the north of the subject site is an
existing non-conforming hotel and single family dwellings, the property to the
south of that site consists of existing single family homes, the property to
the east is commercial , and the property to the west is existing multi-family
dwellings; and
(c) The subject property consists of a wide variety of uses,
including a restaurant, real estate office, cleaners, beauty salon, barber
shop, and general retail ; and
PLANNING COMMISSION RESOLUTION NO. 90-37
CUP 90-08 - NGHIA THI DO
MARCH 28, 1990
Page 2
(d) There is sufficient parking available for the proposed
use; and
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) That the proposed use is in accord with the General Plan, the
objectives of the Development Code, the Foothill Boulevard Specific Plan, and
the purposes of the district in which the site is located.
(b) That the proposed use, together with the conditions applicable
thereto, will not be detrimental to the public health, safety, or welfare, or
materially injurious to properties or improvements in the vicinity.
(c) That the proposed use complies with each of the applicable
provisions of the Development Code.
4. This Commission hereby finds and certifies that the project has
been reviewed and considered in compliance with the California Environmental
Quality Act of 1970, and further, this Commission hereby issues a Negative
Decl aration.
5 . Based upon the findings and conclusions set forth in paragraphs
1, 2, 3, and 4 above, this Commission hereby approves the application subject
to each and every condition set forth below.
Planning Division:
1) This approval shall apply to the convenience
store use only.
2) Approval shall expire, unless extended by the
Planning Commission, if building permits are
not issued or approved use has not commenced
within twenty-four (24) months from the date of
approval .
3) Approval of this request shall not waive
compliance with all sections of the Development
Code, Foothill Boulevard Specific Plan, and all
other City Ordinances.
4) Hours of operation shall be limited to 7:00
a.m. to 10 :00 p.m. , Monday through Thursday;
7 :00 a.m. to 11 :00 p.m. , Friday and Saturday;
and 8 :00 a.m. to 9 :00 p.m. on Sunday.
PLANNING COMMISSION RESOLUTION NO. 90-37
CUP 90-08 - NGHIA THI DO
MARCH 28, 1990
Page 3
5) If the operation of the facility causes adverse
effects upon adjacent businesses or operations,
including, but not limited to parking or noise,
this Conditional Use Permit shall be brought
back before the Planning Commission for
consideration and possible termination of the
use.
6) Occupancy of the facility shall not commence
until such time as all Uniform Building Code
and State Fire Marshall ' s regulations have been
complied with. Prior to occupancy, plans shall
be submitted to the Foothill Fire Protection
District and the Building and Safety Division
to show compliance. The building shall be
inspected for compliance prior to occupancy.
7) Any sign proposed for the facility shall be
designed in conformance with the City' s Sign
Ordinance and any Uniform Sign Program for the
complex, and shall require review and approval
by the Planning Division prior to installation.
6. The Secretary to this Commission shall certify to the adoption
of this Resolution.
APPROVED AND ADOPTED THIS 28TH DAY OF MARCH, 1990.
• PLANNING C' ' ISSION OF THE CITY OF RANCHO CUCAMONGA
BY: _/-/vIL_ di c--
Larry/r j. "'. n
9 i
ATTEST: «L'm0
:rd Bull r, S
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 28th day of March, 1990, by the following vote-to-wit:
AYES: COMMISSIONERS : BLAKESLEY, CHITIEA, MCNIEL, TOLSTOY, WEINBERGER
NOES : COMMISSIONERS : NONE
ABSENT: COMMISSIONERS : NONE