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HomeMy WebLinkAbout92-056 - Resolutions - (not approved) NOT APPRfYv~D - APPEAL RESOI/3TION NO. 92-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO ~, CALIFORNIA, D~T/ING CONDITIONAL USE PE~fIT NO. 91-20, A R~QUEST TO ESTABLISH A GAS STATION, MINI- MARKET, AND CAR ~ ON A 1.31 ACRE PARCEL IN THE M~DIUM RESIDing/AL DESIGNATION (8-14 DW~,T.rNG UNITS PER ACRE) OF WEST CORNER OF BASE LINE ROAD AND ROCHESTER AV~NTIE, 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 Resolu- tion. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." (ii) On October 9, 1991, the Planning C~u~,~ssion conducted a duly noticed public hearing and continued said public hearing to allow the develop- ment plans to be resutanitted to the Design Review Cu~,,,t,~ttee. (iii) On the 17th day of December, 1991, the Planning C~u,,~ssion 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 Ccmm,~ssion of the City of Rancho Cucamonga conducted a duly noticed public hearing on the appli- cation and concluded said hearing on that date. ~e Planning C~u,,~ssion directed that a Resolution of Denial be prepared for the January 22, 1992, (v) On the 22nd day of January, 1992, the Planning Co~,,~,~ssion of the City of Rancho Cucamonga adopted its Rmsolution No. 92-10 thereby denying, based on certain facts and findings, the application. (vi) ~ne applicant subsequently filed an appeal of the Planning C~m,~ssion's decision with the City Clerk within the time limits prescribed by law. (vii) On the 4th day of March, 1992, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing and concluded said hearing on that date. (viii) All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, ~6EREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine, and resolve as follows: Resolution No. 92-056 Page 2 1. Tnis council 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 Council during the above-referenced public hearings on March 4, 1992, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: (a) ~ne application applies to property located at the south- west 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. ~ne parcel is presently vacant; and (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 Co~-m-~-~nity 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 L~ne, 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 Co~t~',unity Plan, an adequate separa- tion 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 Cu~Lu~Hssion or City Council upon appeal. As proposed, insufficient buffering exists to adequately mitigate the impacts of the proposed operation on the adjoining residentially zoned areas; (f) Under the Terra Vista C~,,,,~nity Plan, the appropriateness of the locations of service stations, including car washes and convenience retail (mini-marts), shall be determined by the Planning Co~uL,~ssion, or City Council upon appeal, 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 Council during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: Resolution No. 92-056 Page 3 (a) ~at 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; and (b) That the proposed use will be detrimental to the public health, safety, or welfare or materially injurious to properties or improve- ments in the vicinity. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby denies the application. 5. This Council hereby provides notice to Shell Oil Company that the time within which judicial review of the decision represented by this Resolu- tion must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith trans- mit a certified copy of this Resolution, by certified mail, return-receipt requested, to Shell Oil Company at the address identified in City records. NOT APPRDVSD, PASS~DORADOPTEDthis 4thday of March, 1992. AYES: Alexander, Buquet, Williams, Wright NOES: Stout ABS~T: None