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HomeMy WebLinkAbout96-026 - ResolutionsRESOLUTION NOT APPROVED RESOLUTION NO. 96-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING CONDITIONAL USE PERMIT 95-33, A REQUEST TO ESTABLISH A LUBE FACILITY WITHIN AN EXISTING COMMERCIAL RETAIL CENTER IN THE REGIONAL RELATED COMMERCIAL DESIGNATION (SUBAREA 4) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED ON THE SOUTH SIDE OF FOOTHILL BOULEVARD, EAST OF INTERSTATE 15, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 229-031-37 Recitals. (1) Foothill Marketplace Partners has filed an application for Conditional Use Permit 95-33 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 January 10, 1996, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and, following the conclusion of said public hearing, adopted Resolution No. 96-01, thereby recommending to this City Council that said application be denied. (3) The decision represented by said Planning Commission Resolution was timely appealed to this Council. (4) On February 21, 1996, 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. This Council hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970. Resolution No. 96-026 Page 2 RESOLUTION NOT APPROVED 3. Based upon substantial evidence presented to this Council during the above-referenced January 10, 1996 hearing, including written staff reports, the minutes of the above-referenced Planning Commission meeting, and the contents of Planning Commission Resolution No. 96-01, this Council hereby specifically finds as follows: (a) The application applies to property located south of Foothill Boulevard east of Interstate 15 with a lot width of 125 feet and lot depth of 130 feet and is a graded pad presently improved with parking and a drive aisle; and (b) The property to the north of the subject site is designated for commercial uses and is developed with a church. The property to the south and east of the subject site is designated for commercial uses and is developed with a commercial retail center. The property to the west is designated and developed for freeway purposes; and (c) The applicant proposes to construct a 1,900 square foot lube facility which is conditionally permitted within the Regional Related Commercial designation of the Foothill Boulevard Specific Plan; and (d) The application proposes the construction of a three bay lube facility, including a customer waiting area; and (e) The facility will be bounded on the south, east, and west by existing and proposed circulation elements; and (f) The location of the exit aisle will conflict with the drive-thru lane stacking for In-N-Out Burger; and (g) Current Planning Commission policy requires service bays to be screened from public view; and (h) The location and orientation of the bays results in inadequate screening of the service area; and (I) The center currently experiences on-site traffic congestion during peak hours resulting in unacceptable levels of service; and (j) Recent applications have been conditioned to realign the main east- west drive aisle east of the application site to improve the on-site circulation; and (k) The proposed realignment of the drive aisle will be conducted on property not controlled by the applicant; and RESOLUTION NOT APPROVED Resolution No. 96-026 Page 3 (I) The timing of the drive aisle realignment is not known; and (m) The addition of any building(s) will further congest the on-site circulation and further degrade the already unacceptable level of service. 4. 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, 2, and 3 above, this Council hereby finds and concludes as follows: (a) 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) 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. 5. The City Council of the City of Rancho Cucamonga hereby denies the application. 6. This Council hereby provides notice to Foothill Marketplace Partners 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. 7. 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 Foothill Marketplace Partners at the address identified in City records.