HomeMy WebLinkAbout96-091 - ResolutionsAPPEAL WITHDRAWN / NO ACTION TAKEN
RESOLUTION NO. 96-091
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, DENYING A
MODIFICATION TO CONDITIONAL USE PERMIT NO. 94-09, A
REQUEST TO EXPAND THE CAFE SERVICES WITHIN AN
EXISTING SOCCER FACILITY IN THE GENERAL INDUSTRIAL
DESIGNATION (SUBAREA 8) OF THE INDUSTRIAL AREA
SPECIFIC PLAN, LOCATED AT 11200 TACOMA, AND MAKING
FINDINGS IN SUPPORT THEREOF - APN: 209-471-05.
Recitals.
1. Cle Kooiman has filed an application for a modification to Conditional Use Permit
No. 94-09, as described in the title of this Resolution. Hereinafter in this Resolution,
the subject Conditional Use Permit request is referred to as "the application."
2. On the 25th day of October 1995, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public headng on the application and
concluded said hearing on that date. After concluding the public hearing, the
Planning Commission denied the application through adoption of their Resolution
No. 95-51.
3. On November 6, 1995, the applicant filed a letter of appeal within the time limits
prescribed by law.
4. On the 6th day of December 1995, the City Council of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the application and
concluded said hearing on that date.
5. 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 City
Council of the City of Rancho Cucamonga as follows:
1. This 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 hearing on December 6, 1995, including written and oral staff
reports, together with public testimony, this Council hereby specifically finds as
follows:
Resolution No. 96-091
Page 2
APPEAL WITHDRAWN I NO ACTION TAKEN
The application applies to property located at 11200 Tacoma with a
street frontage of 204 feet and lot depth of 296 feet and is presently
improved with an industrial building; and
The properties to the north and south of the subject site are
designated for industrial uses and are vacant. The properties to the
east and west are designated for industrial uses and are developed
with industrial buildings; and
c. The business activity currently creates parking problems on adjacent
properties; and
Expansion of the use may create additional impacts on the adjacent
properties as a result of slower turnover rates, inconsistent with the
intent of the Development Code.
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:
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.
4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3
above, the City Council of the City of Rancho Cucamonga hereby denies the
application.
5. This Council hereby provides notice to Cle Kooiman that the time within which
judicial review of the decision represented by this Resolution 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 transmit a certified copy
of this Resolution, by certified mail, return-receipt requested, to Cle Kooiman at the
address identified in City records.
APPEAL WITHDRAWN / NO ACTION TAKEN
Resolution No. 96-091
Page 3
RECEIVED
LEWIS HOMES MANAGEMENT CORP.
1156 N. Mountain Avenue I P.O. Box 870 1 Upland, California 91785-0670
909/985-0971 FAX: 909/949-6700 Legal Department FAX: 909/949-6725
MAY 2 1 1996
CITY OF RANCHO CUC, AM(JN~
CITY CLERK
Refer to File No.
G-1729
May 20, 1996
VIA TELECOPIER 909/477-2849
Ms. Debbie Adams
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 9]729
Re:
Lewis Homes Enterprises' Appeal of Standard Condition No. 5 to Tentative
Tract No. 15732
Dear Ms. Adams:
Please be advised that Lewis Homes Enterprises ("Lewis") has entered into a
School Facilities Mitigation Agreement with the Etiwanda School District with
respect to Tentative Tract 15732. Given this, Lewis withdraws the appeal that
it filed in connection with the referenced matter on April 17, 1996. Please let
the members of the City Council know that the efforts of Messrs. Gomez and Bullet
in assisting in the amicable resolution of this matter are very much appreciated
by Lewis.
Very truly yours,
JMM: vh\G1729
CC:
Mr. Brad Buller
Mr. Rick Gomez
Mr. Gene Newton
Clayton H. Parker, Esq.
Ms. Sue Sundell
Mr. Leon Swails
Mr. Gary H. Luque
Mr. David W. Graf