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HomeMy WebLinkAbout08-13 - Resolutions RESOLUTION NO. 08-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING USE DETERMINATION DRC2008-00179, BY DETERMINING THAT A FRESH & EASY MARKET DOES NOT MEET THE INTENT OF A SPECIALTY FOOD STORE WITHIN THE SPECIALTY COMMERCIAL DISTRICT OF THE FOOTHILL BOULEVARD SPECIFIC PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF. APN: 0208-101-22 thru 25 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 12th day of March 2008, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the Use Determination and concluded said meeting on that date. 3. 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. The 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 meeting on March 12, 2008, including written and oral staff reports, the Commission hereby specifically finds as follows: a. The application applies to a proposed"Fresh&Easy"market in the Thomas Winery Plaza located on the Northeast corner of Foothill Boulevard and Vineyard Avenue in the Foothill Boulevard Specific Plan (Subarea 2); and b. The Development Code 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, may fall under the supermarket land use category, which is not permitted; and C. The use in question is not of similar intensity to other permitted or conditionally permitted uses in the same district. 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 Fresh & Easy Market does not reflect the historic theme of the Thomas Winery nor was it found to be particularly unique. The application applies to the properties located within the Specialty Commercial Districts; and d. The use in question does not 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 PLANNING COMMISSION RESOLUTION NO. 08-13 USE DETERMINATION DRC2008-00179 - Legg Mason Real Estate Investors, Inc March 26, 2008 Page 2 our Vision because it reinforces public and private uses already established, many of which are oriented to various types of services to our citizens." The proposed market does not reinforce the existing uses in that it does not reflect the historic theme of the Thomas Winery nor was it found to compliment the established uses because of its strong similarity to a convenience store and/or supermarket, both of which would not be permitted. 3. Based upon substantial evidence presented to this Commission during the above- referenced meeting on March 12, 2008, including written and oral staff reports, the Commission hereby specifically finds and concludes as follows per the City of Rancho Cucamonga Development Code, Section 17.02.040 D: a. The use in question is not of similar intensity to other permitted or conditionally permitted uses in the same district. b. The use in question does not meet the purpose and intent of the district in which it is proposed. C. The use in question does not meet and conform to the applicable goals and objectives of the General Plan. 4. Based upon the substantial evidence presented to this Commission during the above referenced meeting and upon specific findings of facts set forth in paragraphs 1, 2, and 3 above,this Commission hereby determines that the Fresh & Easy market is not of similar intensity to other permitted or conditionally permitted uses in the same district, does not meet the purpose or intent of the Specialty Commercial District, and does not conform to the goals and objectives of the General Plan. 5. The Secretary shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 26TH DAY OF MARCH 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: am Stew , Chairman ATTEST: Corky Nic olson, Acting Secretary I, Corky Nicholson, Ac ing 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 26th day of March 2008, by the following vote-to-wit: PLANNING COMMISSION RESOLUTION NO. 08-13 USE DETERMINATION DRC2008-00179 - Legg Mason Real Estate Investors, Inc March 26, 2008 Page 3 AYES: COMMISSIONERS: FLETCHER,--MUNOZ, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HOWDYSHELL, WIMBERLY