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HomeMy WebLinkAbout01-48 - Resolutions RESOLUTION NO. 01-48 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUSPENDING REVOCATION OF CONDITIONAL USE PERMIT NO. 98-08, LOCATED IN THE GENERAL COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 202-092-08 A. Recitals. 1. Sam and Lora Iftikhar filed an application for the issuance of Conditional Use Permit No. 98-08, 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 10th day of January 2001, the Planning Commission determined there was sufficient evidence to warrant a hearing on a proposed revocation of the Conditional Use Permit. 3. On the 14th day of February 2001, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing for the revocation or modification of the Conditional Use Permit and rendered a decision finding that the Conditional Use Permit is not being conducted in an appropriate manner, and that modifications to conditions were necessary and continued the matter to February 28, 2001. 4. On the 28th date of February 2001, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing for the revocation or modification and rendered a decision finding that the applicant had demonstrated a good faith effort to modify the property for conformance, and continued the matter to April 25, 2001. 5. On the 25th day of April 2001, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and continued the matter to May 23, 2001. 6. On the 17th day of May 2001,the City Planner deemed the application for a new parking lot as complete. 7. On the 23rd day of May 2001, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded that the applicant has shown sufficient evidence that no revocation is necessary. 8. 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 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 the substantial evidence presented to this Commission during the above- referenced public hearing on May 23, 2001, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: PLANNING COMMISSION RESOLUTION NO. 01-48 CUP 98-08— BASELINE BARGAIN CENTER May 23, 2001 Page 2 a. The application applies to property located at 9456 Roberds Street with a street frontage of 263.4 feet, and lot depth of 206.3 feet,which is presently improved with a 24,258 square foot warehouse facility, 14 standard parking spaces and 2 handicapped spaces; and b. The property to the north of the subject site is residential, the property to the south consists of commercial uses, the property to the east is a Southern Pacific Railway easement, and the property to the west is a 7-Eleven service station; and C. The application contemplated the establishment of a wholesale business in a General Commercial District; and d. On May 26, 1998, the City of Rancho Cucamonga granted a business license for warehouse use only comprised of the 1 st floor, which has expanded to both floors; and e. On July 7, 1998, the Planning Division approved a parking plan for 14 spaces with the potential for 10 more spaces; and f. On August 23, 1998, the Planning Division denied a Business License for retail use. Since December 1998, the owners have continually operated a retail business with the required permits; and g. On June 21, 1999, the applicant submitted a new Business License application indicating some retail use; and h. On July 1, 1999,the Planning Division issued a Business License correction letter, which stated the permitted use was for a "product storage warehouse" pursuant to the approved Conditional Use Permit; and i. The applicant has demonstrated good faith in submitting an application(Conditional Use Permit DRC2001-00088) to address the outstanding issues and provided documentation of phasing plans and revised the parking lot to include the required standards; and j. On May 17, 2001, the Planning Division deemed Conditional Use Permit DRC2001- 00099 application for expansion of a parking area complete. 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 paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. If Conditional Use Permit DRC2001-00088 is approved with conditions, then the conduct of the establishment or the granting of the use with sufficient parking is in accordance with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. b. If Conditional Use Permit DRC2001-00088 is approved with conditions, then the continued operation of the existing uses, would not be detrimental to the public health, safety or welfare and would not be materially injurious to properties or improvements in the vicinity. C. If Conditional Use Permit DRC2001-00088 is approved with conditions, then the continued operation of the existing uses complies with each of the applicable provisions of the Development Code. PLANNING COMMISSION RESOLUTION NO. 01-48 CUP 98-08— BASELINE BARGAIN CENTER May 23, 2001 Page 3 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby suspends the revocation of Conditional Use Permit 98-08, pending the final outcome of Conditional Use Permit DRC2001-00088. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF MAY 2001. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: G\�`'�l La cNiel, Chairman ATTEST: �'� rad Bull retary 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 23rd day of May 2001, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MANNERINO