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HomeMy WebLinkAbout08-096 - Resolutions RESOLUTION NO. 08-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING USE DETERMINATION DRC2008-00179, BY DETERMINING THAT A FRESH & EASY MARKET IS SIMILAR TO A SPECIALTY FOOD STORE WITHIN THE SPECIALTY COMMERCIAL DISTRICT OF THE FOOTHILL BOULEVARD DISTRICTS; AND MAKING FINDINGS IN SUPPORT THEREOF A. RECITALS. 1. Legg Mason Real Estate Investors, Inc. filed an application for Use Determination DRC2008-00179,for a Fresh & Easy Market, within the Specialty Commercial District. Hereinafter in this Resolution, the subject Use Determination request is referred to as "the application." 2. On the March 26, 2008, the Planning Commission of the City of Rancho Cucamonga denied the applicant's request through Resolution No. 08-13 with the appropriate findings enumerated and informed the applicant of their right to appeal under prescribed procedures. 3. The decision made by the Planning Commission as contained in their Resolution 08-13 was appealed in a timely manner to the City Council. 4. On the May 7, 2008, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing to review said appeal and concluded said hearing on that date prior to the adoption of this Resolution. 5. All legal prerequisites prior to the adoption of this Resolution have occurred. B. RESOLUTION. NOW,THEREFORE,it is herebyfound,determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This City 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 May 7, 2008 hearing, including written staff reports, public testimony, and the minutes and staff report of the above-referenced Planning Commission meeting, this Council hereby specifically finds as follows: a. The application applies to all sites designated Specialty Commercial within the Foothill Boulevard Districts; and Resolution No. 08-096 Page 2 of 3 b. The applicant proposes a 13,969 square foot "Fresh & Easy' market within the Thomas Winery Plaza located on the Northeast corner of Foothill Boulevard and Vineyard Avenue, offering convenience-related items such as pre-packaged, ready-to-go foods, boxed lunches, pastries, etc., and is designed to be a local neighborhood market; and c. The purpose and intent of the Development Code, stated in part in Section 17.32.020 is, "to accommodate specialty uses, which promote a special landmark quality or create a special ambience,which is unique to a particular subarea." The proposed "Fresh & Easy" market will be constructed to be architecturally compatible with the historic Thomas Winery; and d. The Development Code Section 17.32.030 — Use Regulations for Foothill Boulevard Districts, lists the secondary permitted and conditionally permitted uses that may be allowed in the Specialty Commercial districts. The use in question is not defined, however, the "Fresh & Easy" market is of similar intensity to other permitted or conditionally permitted uses in the same district, and e. The use in question does meet and conform to the applicable goals and objectives of the General Plan. The General Plan Land Use element states that it "is responsive to our Vision because it: f) provides further land use support to supplement the activity centers previously envisioned in the Old Cucamonga sector when the Foothill Boulevard Specific Plan was prepared...n)stimulates new options and configurations for development at key entry points to our City." 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. That the Fresh and Easy market is of a similar intensity to other permitted or conditionally permitted uses in the same district, and b. That the Fresh & Easy Market meets the purposes or intent of the Specialty Food Store use within the Specialty Commercial District of the Foothill Boulevard Districts, and c. That the Fresh & Easy market conforms to the goals and objectives of the General Plan. 4. The City Clerk shall certify to the adoption of this Resolution. Please see the following page for formal adoption,certification and signatures Resolution No. 08-096 Page 3 of 3 PASSED, APPROVED, AND ADOPTED this 21" day of May 2008. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Donald J. Kurth, ., Mayor ATTEST: 1 6 /q &.'� Debra J. A s, 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 21 s` day of May 2008. Executed this 22ntl day of May 2008, at Rancho Cucamonga, California. Jull A K a-,, Debra J. Ada s MC, City Clerk