HomeMy WebLinkAbout92-68 - Resolutions RESOLUTION NO. 92-68
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DENYING A MODIFICATION TO CONDITIONAL
USE PERMIT NO. 91-03, PART C, FOR THE EXPANSION OF THE HOURS
OF OPERATION ON FRIDAYS, LOCATED IN THE GENERAL INDUSTRIAL
DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 229-
262-28.
A. Recitals.
(i) James Page has filed an application for a modification to
Conditional Use Permit No. 91-03 as described in the title of this
Resolution. Hereinafter in this Resolution, the subject Conditional Use
Permit modification request is referred to as "the application."
(ii) On the 26th day of February 1992, and continued to the 25th day
of March and the 8th day of April 1992, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing on the application
and concluded said hearing on April 8, 1992.
(iii) On the 8th day of April 1992, the Planning Commission reviewed
the proposal and staff's presentation and received public testimony. At the
conclusion of the public hearing, the Planning Commission directed staff to
prepare a Resolution of Denial for their meeting of April 22, 1992.
(iv) 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 February 26, March 25, and April 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 11530 Sixth
Street with a street frontage of 715. 15 feet and lot depth of 593.83 feet and
is presently improved with three research and development buildings and 760
parking spaces; and
(b) The property to the north, south, east, and west is General
Industrial.
PLANNING COMMISSION RESOLUTION NO. 92-68
MOD. TO CUP 91-03, PART C - JAMES PAGE
April 22, 1992
Page 2
(c) The Indoor Wholesale/Retail Commercial Use is located within a
General Industrial zone Subarea 11 of the Industrial Area Specific Plan. The
General Industrial zone was intended to accommodate a wide range of light to
medium manufacturing and wholesale, storage and distribution uses. Typically,
administrative office, professional, and indoor wholesale/retail commercial
uses are not allowed to reduce potential land use conflicts. The primary
finding in permitting the use to locate within the Research and Development
Industrial Center was the fact that there would not be any conflict with the
hours of operation of the general industrial users within the site with off-
set hours of operation on weekends only. The ancillary nature of the indoor
wholesale/retail commercial use on weekends only was found to be consistent
with the original intent of the General Industrial zone. This proposal to
expand the hours of operation directly conflicts with the intent of the
General Industrial zone of the Industrial Specific Plan and would conflict
with on-site business operations.
(d) The original approval of the application was based on the fact
that the application would operate during different hours of operation of
other users within the center, thereby, minimizing all potential impacts to
other current site and future businesses. With the current proposal, hours of
operation on Fridays from 10:00 a.m. to 6:00 p.m. would conflict with the
hours of operation of other site users, and adversely impact those businesses.
(e) The proposed hours of operation would conflict with the
utilization of parking facilities for other users within the 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 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, together with the conditions applicable
thereto, will be detrimental to the public health, safety, or welfare or
materially injurious to properties or improvements in the vicinity.
(c) That the proposed use does not comply with each of the
applicable provisions of the Development Code and Industrial Area Specific
Plan.
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. 92-68
MOD. TO CUP 91-03, PART C - JAMES PAGE
April 22, 1992
Page 3
APPROVED AND ADOPTED THIS 22ND DAY OF APRIL 1992.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
/ :LAP
"yr T. ;"r• e , Chairman
ATTEST: Al
11111
__
/10141111.
B••d BMW'' ec
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 April 1992, by the following vote-to-wit:
AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
•