HomeMy WebLinkAbout88-189 - Resolutions RESOLUTION NO. 80-189
A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION
DENYING CONDITIONAL USE PERMIT NO. 88-28, AND DESIGN
REVIEW THEREOF, FOR A 5,195 SQUARE FOOT RETAIL BUILDING
ADDITION WITHIN AN EXISTING SHOPPING CENTER LOCATED AT
THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND MALACHITE
AVENUE COMMUNITY COMMERCIAL DISTRICT - APN: 208-261-20
A. Recitals.
(i ) Mr. Forrest Perry has filed an application for the issuance of
Conditional Use Permit No. 88-28 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 28th day of September 1988, 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.
(iii ) 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 September 28, 1988, 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
southwest corner of Foothill Boulevard and Malachite Avenue with a street
frontage of 145 feet and is presently vacant; and
(b) The property to the north of the subject site is vacant,
the property to the south of that site consists of a single family residence,
the property to the east is an existing office building and the property to
the west is the existing Perry's Market Center.
(c) That the project is inconsistent with design policies set
forth in the Foothill Boulevard Specific Plan with regard to building facade
articulation, storefront and window treatment, and building relationship to
adjacent residential properties; and
PLANNING COMMISSION RESOLUTION NO. 88-189
CUP 88-28 - PERRY
September 28, 1988
Page 2
(d) That the master plan submitted with the application does
not adequately address the circulation, parking, and access issues for the
parcel to the north of the proposed project; and
(e) That the project is inconsistent with the City's goal of
upgrading Foothill Boulevard properties and policy of requiring compliance
with the community design guidelines in plans for expansion.
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, the objectives of the Development
Code, and the purposes of the district in which
the site is located.
(b) That the proposed use, together with the
conditions applicable thereto, 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.
4. Based upon the findings and conclusions set forth in paragraph
1, 2 and 3 above, this Commission hereby denies the application.
5. The Secretary to this Commission shall certify to
the adoption of this Resolution.
APPROVED AND ADOPTED THIS 28th DAY OF SEPTEMBER 1988.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
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PLANNING COMMISSION RESOLUTION NO. 88-189
CUP 88-28 - PERRY
September 28, 1988
Page 3
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 28th day of September 1988, by the following vote-to-wit:
AYES: COMMISSIONERS: BLAKESLEY, CHITIEA, MCNIEL, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EMERICK