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HomeMy WebLinkAbout91-05 - Resolutions RESOLUTION NO. 91-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 90-39 FOR A CONVENIENCE MARKET AND DELI IN A LEASED SPACE OF 1,997 SQUARE FEET WITHIN THE EXISTING ARCHIBALD AUTO CENTER LOCATED IN THE GENERAL INDUSTRIAL DISTRICT, SUBAREA 3 OF THE INDUSTRIAL SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN : 209-032-42. A. Recitals. (i ) Ghassan Wanis has filed an application for the issuance of the Conditional Use Permit No. 90-39 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 9th day of January, 1991, 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 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 substantial evidence presented to this Commission during the above-referenced public hearing on January 9, 1991, 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 8880 Archibald Avenue with a street frontage of 464.03 feet and lot depth of 304.26 feet and is presently improved with five industrial buildings for automotive and light truck repair; and (b) The site was approved for approximately 5,935 square feet of eating and drinking establishments under Development Review 88-14; and (c) The property to the north of the subject site is developed with a retail facility, the property to the south of that site consists of Low Residential (2-4 dwelling units per acre) , the property to the east is retail PLANNING COMMISSION RESOLUTION 91-05 CUP 90-39 - GHASSAN WANIS January 9, 1991 Page 2 ( Industrial Specific Plan Subarea 4) , and the property to the west is manufacturing, (Industrial Area Specific Plan Subarea 3). (d) The application contemplates operation of a 1,997 square foot convenience market and deli shop from 7 :00 a.m. to 11 :00 p.m. , Monday through Thursday; 7 :00 a.m. to 12:00 midnight, Fridays and Saturday; and 8 :00 a.m. to 10:00 p.m. on Sundays. (e) The applicant will sell small personal convenience items and deli foods for off-site consumption. (f) The maximum number of employees at any given time will not exceed two. (g) A total of 124 parking spaces is required, whereas, 146 spaces are available on-site. 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, 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 determined to be categorically exempt from the California Environmental Quality Act of 1970. 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: 1) Approval of this request shall not waive compliance with all sections of the Industrial Area Specific Plan and all other City Ordinances. 2) If the operation of the facility causes adverse effects upon adjacent businesses or operations, including, but not limited to noise, the Conditional Use Permit shall be brought before the Planning Commission for the consideration and possible termination of the use. PLANNING COMMISSION RESOLUTION 91-05 CUP 90-39 - GHASSAN WANIS January 9, 1991 Page 3 3) 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 Rancho Cucamonga Fire Protection District to show compliance. The building shall be inspected for compliance prior to occupancy. 4) Any signs proposed for the facility shall be designed in conformance with the Comprehensive Sign Ordinance and any Uniform Sign Program for the complex and shall require review and approval by the Planning Division prior to installation. 5) No interior seating is allowed. 6) This Conditional Use Permit is approved for a maximum of two employees at any given time. 7) Hours of operation shall be limited to 7 :00 a.m. to 11 :00 p.m. , Monday through Thursday; 7 :00 a.m. to 12 :00 midnight, Friday and Saturday; and 8:00 a.m. to 10:00 p.m. on Sunday. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF JANUARY, 1991. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: /SC. ...-.- // . L- arry F .Niel , Chai G,tI �!�� ATTEST: A • Br. . Bull dr, . I , :rad 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 9th day of January 1991, by the following vote-to-wit: AYES: COMMISSIONERS: MCNIEL, MELCHER, TOLSTOY, VALLETTE NOES : COMMISSIONERS : NONE ABSENT: COMMISSIONERS : CHITIEA