HomeMy WebLinkAbout87-166 - Resolutions RESOLUTION NO. 87-166
A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION
DENYING CONDITIONAL USE PERMIT NO. 87-28 FOR A MASTER CUP
TO ALLOW BUSINESS SUPPORT SERVICES, CONVENIENCE SALES AND
SERVICES, FOOD AND BEVERAGE SALES IN BUILDINGS 1, 2 AND 3
OF AN APPROVED INDUSTRIAL BUSINESS PARK LOCATED ON THE
SOUTH SIDE OF ARROW HIGHWAY AT BEAR GULCH PLACE IN THE
GENERAL INDUSTRIAL DISTRICT - APN 209-012-19
A. Recitals.
(i ) Messenger Investment Company has filed an application for the
issuance of the Conditional Use Permit No. 87-28 as described in the title of
this Resolution. Hereinafter in this Resolution, the subject Conditional Use
Permit request is referred to as "the application".
(ii ) On the 12th of August, 1987, the Planning Commission of the
City of Rancho Cucamonga conducted a duly noticed public hearing on the
application and at the request of the applicant continued this project to the
August 26, 1987 regular meeting.
(iii ) On the 26th day of August, 1987, the Planning Commission,
again at the request of the applicant, continued this project to the September
9, 1987 regular meeting.
(iv) On the 9th day of September, 1987, 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.
(v) 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 i
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 September 9, 1987, including
written and oral staff reports, together with public testimony, this
Commission hereby specifically finds as follows:
(a) The application applies to property located at the south
side of Arrow Highway, at Bear Gulch Place which is presently under
construction for industrial multi-tenant, buildings and is designated as
Subarea 2, General Industrial District.
PLANNING COMMISSION RESOLUTION NO.
CUP 87-28 - MESSENGER
September 23, 1987
Page 2
(b) The property to the north of the subject site consists of
a City park and apartments, the property to the south consists of new
warehouse industrial buildings under construction, the property to the east is
existing industrial buildings, and the property to the west is an existing
industrial manufacturing building.
(c) Allowing a Master CUP will not meet the purpose and intent
of this quasi-judicial regulation as it will diminish the opportunity for
broad public review and evaluation of development requirements and operating
characteristics of those uses, so that all identified potential adverse
impacts could be mitigated.
(d) Allowing a Master CUP will set an undesirable precedent in
the City.
(e) Allowing a Master CUP for quasi-retail uses such as
Convenience Sales and Services and food and Beverage Sales will not meet the
intent of the Industrial Specific Plan and the purpose of Subarea 2 which is
to strengthen the manufacturing and warehousing activities.
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) That the proposed use is not in accord with the
General Plan and the Industrial Specific Plan,
the objectives of the General Plan, Industrial
Specific Plan, and the purposes of the district
in which the site is located.
(b) That the proposed use will be detrimental to
the public health, safety, or welfare, or
materially injurious to properties or
improvements in the vicinity.
(c) That the proposed use does not comply with each
of the applicable provisions of the Development
Code and the Industrial Specific Plan.
4. This Commission hereby finds and certifies that the project has
been reviewed and considered in compliance with the California Environmental
Quality Act of 1970 and, further, this Commission hereby cannot issue a
Negative Declaration.
5. Based upon the findings and conclusions set forth in paragraph
1, 2 and 3 above, this Commission hereby denies the application.
6. The Deputy Secretary to this Commission shall certify to the
adoption of this Resolution.
PLANNING COMMISSION RESOLUTION NO.
CUP 87-28 - MESSENGER
September 23, 1987
Page 3
APPROVED AND ADOPTED THIS 23TH DAY OF SEPTEMBER, 1987.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
/ t J BY: / ,i- . a.
Try . 'c` e , airman
ATTEST: A__ __ _ __
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I, Brad Buller, Deputy 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 23th day of September, 1987, by the following vote-to-wit:
AYES: COMMISSIONERS: TOLSTOY, EMERICK, BLAKESLEY, MCNIEL
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: CHITIEA