HomeMy WebLinkAbout95-168 - ResolutionsRESOLUTION NO. 95-168
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.
A. 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 hearing 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:
a. 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
Resolution No. 95-168
Page 2
b. 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
d. 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:
a. 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.
AYES:
NOES: None
ABSENT: None
PASSED, APPROVED, AND ADOPTED this 6th day of December, 1995.
Alexander, Biane, Curatalo, Gutierrez, Williams
William J./~xander, Mayor
Resolution No. 95-168
Page 3
ATTEST:
CMC, City Clerk
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify
that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the
City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 6th
day of December, 1995.
Executed this 7th day of December, 1995, at Rancho Cucamonga, California.
Debra J. Ada'nl's, CMC, City Clerk