HomeMy WebLinkAbout00-47 - Resolutions RESOLUTION NO. 00-47
A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING
COMMISSION OF THE CITY OF RANCHO CUCAMONGA DENYING A
REQUEST FOR A MODIFICATION OF A CONDITION OF APPROVAL
FOR CONDITIONAL USE PERMIT NO. 99-10, LOCATED AT THE
SOUTHEAST CORNER OF CARNELIAN AND 19TH STREETS IN THE
NEIGHBORHOOD COMMERCIAL DISTRICT, AND MAKING FINDINGS
IN SUPPORT THEREOF -APN: 202-541-60
A. Recitals.
1. On March 21, 2000, a request was filed by Evergreen Devco, Inc., to modify the
condition of approval requiring the undergrounding of existing overhead utility lines on Camelian
Street from the first pole north of 19th Street to the first pole south of the project's south property
line. Hereinafter in this Resolution, the subject request for a modification of a condition of
approval is referred to as "the Application" and Evergreen Devco, Inc., is referred to as "the
Applicant."
2. On July 14, 1999, the Planning Commission adopted Resolution No. 99-67, thereby
approving, subject to specified conditions, Conditional Use Permit No. 99-10, which provides for
the construction and operation of a drive-thru pharmacy on 1.15 acres of land within the
Neighborhood Commercial District.
3. On April 26, and continued to May 10, and May 24, 2000, 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.
4. All legal prerequisites 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 April 26, and continued to May 10, and May 24, 2000, including
written and oral staff reports, together with public testimony, this Commission hereby specifically
finds as follows:
a. The requirement to underground the existing overhead utility lines on Carnelian
Street from the first pole north of the 19th Street to the first pole south of the project's south
property line, is consistent with current Planning Commission policy (Resolution No. 87-96) and
is necessary to promote a more aesthetic and desirable working and living environment within
the City; and
b. The current policy applies universally to all applications for development within
the City; and
PLANNING COMMISSION RESOLUTION NO. 00-47
CUP 99-10— EVERGREEN DEVCO, INC.
May 24, 2000
Page 2
C. The applicant had full knowledge and disclosure of the recommended condition
prior to the City Planning Commission's approval of the application; and
d. The applicant made no attempt to timely appeal the condition following the City
Planning Commission's approval.
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 paragraph 1
and 2 above, this Commission hereby finds and concludes as follows:
a. The deletion of the condition to underground the overhead utility lines on
Camelian Street would not be consistent with City policy (Planning Condition Resolution
No. 87-96); and
b. To modify the condition and replace the actual undergrounding with an in-lieu
fee would not be consistent with the City's goal of promoting an aesthetic and desirable working
and living environment within the City.
4. Based upon the findings and conclusions set forth in paragraph 1, 2, and 3 above,
this Commission hereby denies the requested condition modification and reaffirms Resolution
Nos. 99-67 and 87-96.
5. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 24TH DAY OF MAY 2000
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
LarryMcNiel, Chairman
ATTEST
Brad er ecr a
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 24th day of May 2000, by the following vote-to-wit:
AYES: COMMISSIONERS: MANNERINO, MCNIEL, STEWART, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MACIAS