HomeMy WebLinkAbout92-10 - Resolutions RESOLUTION NO. 92-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, DENYING CONDITIONAL USE
PERMIT NO. 91-20, A REQUEST TO ESTABLISH A GAS STATION,
MINI-MARKET, AND CAR WASH ON A 1.31 ACRE PARCEL IN THE
MEDIUM RESIDENTIAL DESIGNATION (8-14 DWELLING UNITS PER
ACRE) OF THE TERRA VISTA PLANNED COMMUNITY, LOCATED AT
THE SOUTHWEST CORNER OF BASE LINE ROAD AND ROCHESTER
AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN:
227-151-17.
A. Recitals.
(i) Shell Oil Company has filed an application for the issuance of
the Conditional Use Permit No. 91-20 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 October 9, 1991, the Planning Commission conducted a duly
noticed public hearing and continued said public hearing to allow the
development plans to be resubmitted to the Design Review Committee.
(iii) On the 17th day of December 1991, the Planning Commission of the
City of Rancho Cucamonga conducted a duly noticed public hearing on the
application and continued said hearing to January 8, 1992.
(iv) On the 8th day of January 1992, 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. The Planning Commission
directed that a Resolution of Denial be prepared for the January 22, 1992,
meeting.
(v) 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 hearings on December 17, 1991, and January
8, 1992, 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 the
southwest corner of Base Line Road and Rochester Avenue with a street frontage
of 250 feet along Base Line Road and 174 feet along Rochester Avenue. The
parcel is presently vacant; and
PLANNING COMMISSION RESOLUTION NO. 92-10
CUP 91-20 - SHELL OIL COMPANY
January 22, 1992
Page 2
(b) The properties to the north and east are zoned for and
being developed with single family residences. The properties to the south
and west are zoned for multi-family units and are vacant; and
(c) Under the Terra Vista Community Plan, service stations and
related uses (mini-market and car wash) are defined as "Community Facilities"
and are permitted in any zoning designation along the major arterials (Base
Line, Milliken, or Rochester) subject to review and approval of a Conditional
Use Permit; and
(d) The application contemplates the 24-hour operation of a
gas station, mini-market, and car wash; and
(e) Under the Terra Vista Community Plan, an adequate
separation shall be provided between a service station and residential areas
in the form of a street, additional landscape setback, or other "buffer" of
non-residential use satisfactory to the Planning Commission. As proposed,
insufficient buffering exists to adequately mitigate the impacts of the
proposed operation on the adjoining residentially zoned areas; and
(f) Under the Terra Vista Community Plan, the appropriateness
of the locations of service stations, including car washes and convenience
retail (mini-marts) , shall be determined by the Planning Commission during the
Conditional Use Permit process; and
(g) The proposed 24-hour a day operation of the gas station,
car wash, and mini-market will result in excessive vehicular traffic, vehicles
left running, radios playing, etc. , creating excessive noise, air emissions,
and an intensity of use which is incompatible with the residential area.
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 not 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 will be detrimental to the public
health, safety, or welfare or materially injurious to properties or
improvements in the vicinity.
4. Based upon the findings and conclusions set forth in paragraphs
1, 2, and 3 above, this Commission hereby denies the application.
5. The Secretary to this Commission shall certify to the adoption
of this Resolution.
PLANNING COMMISSION RESOLUTION NO. 92-10
CUP 91-20 - SHELL OIL COMPANY
January 22, 1992
Page 3
APPROVED AND ADOPTED THIS 22ND DAY OF JANUARY 1992.
PLANNING CO7SSION OF THE CITY OF RANCHO CUCAMONGA
BY: ( 4.I A
I _ c i I
L-rry Tc 'el, Cha'rman
i/
ATTEST: g‘ 1iI�� " �-� _ _
Brad fir; Se
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 22nd day of January 1992, by the following vote-to-wit:
AYES: COMMISSIONERS: CHITIEA, TOLSTOY, VALLETTE
NOES: COMMISSIONERS: MCNIEL, MELCHER
ABSENT: COMMISSIONERS: NONE