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HomeMy WebLinkAbout90-37 - Resolutions RESOLUTION NO. 90-37 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 90-08 FOR A CONVENIENCE STORE LOCATED IN A LEASED SPACE OF 1 ,750 SQUARE FEET WITHIN AN EXISTING COMMERCIAL CENTER LOCATED ON 8.2 ACRES OF LAND IN THE COMMUNITY COMMERCIAL DISTRICT, SUBAREA 3 OF THE FOOTHILL BOULEVARD SPECIFIC PLAN , LOCATED AT 9319 FOOTHILL BOULEVARD , SUITE A, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-261-58. A. Recitals. (i ) Nghia Thi Do has filed an application for the issuance of Conditional Use Permit No. 90-08 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." ( ii ) On the 28th of March, 1990, 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 March 28, 1990, 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 9319 Foothill Boulevard with a street frontage of 672 feet and lot depth of 490.67 feet and is presently improved with a commercial center and parking spaces; and (b) The property to the north of the subject site is an existing non-conforming hotel and single family dwellings, the property to the south of that site consists of existing single family homes, the property to the east is commercial , and the property to the west is existing multi-family dwellings; and (c) The subject property consists of a wide variety of uses, including a restaurant, real estate office, cleaners, beauty salon, barber shop, and general retail ; and PLANNING COMMISSION RESOLUTION NO. 90-37 CUP 90-08 - NGHIA THI DO MARCH 28, 1990 Page 2 (d) There is sufficient parking available for the proposed use; and 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) That the proposed use is in accord with the General Plan, the objectives of the Development Code, the Foothill Boulevard Specific Plan, and the purposes of the district in which the site is located. (b) That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. (c) That the proposed use complies with each of the applicable provisions of the Development Code. 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 issues a Negative Decl aration. 5 . Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below. Planning Division: 1) This approval shall apply to the convenience store use only. 2) Approval shall expire, unless extended by the Planning Commission, if building permits are not issued or approved use has not commenced within twenty-four (24) months from the date of approval . 3) Approval of this request shall not waive compliance with all sections of the Development Code, Foothill Boulevard Specific Plan, and all other City Ordinances. 4) Hours of operation shall be limited to 7:00 a.m. to 10 :00 p.m. , Monday through Thursday; 7 :00 a.m. to 11 :00 p.m. , Friday and Saturday; and 8 :00 a.m. to 9 :00 p.m. on Sunday. PLANNING COMMISSION RESOLUTION NO. 90-37 CUP 90-08 - NGHIA THI DO MARCH 28, 1990 Page 3 5) If the operation of the facility causes adverse effects upon adjacent businesses or operations, including, but not limited to parking or noise, this Conditional Use Permit shall be brought back before the Planning Commission for consideration and possible termination of the use. 6) Occupancy of the facility shall not commence until such time as all Uniform Building Code and State Fire Marshall ' s regulations have been complied with. Prior to occupancy, plans shall be submitted to the Foothill Fire Protection District and the Building and Safety Division to show compliance. The building shall be inspected for compliance prior to occupancy. 7) Any sign proposed for the facility shall be designed in conformance with the City' s Sign Ordinance and any Uniform Sign Program for the complex, and shall require review and approval by the Planning Division prior to installation. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF MARCH, 1990. • PLANNING C' ' ISSION OF THE CITY OF RANCHO CUCAMONGA BY: _/-/vIL_ di c-- Larry/r j. "'. n 9 i ATTEST: «L'm0 :rd Bull r, S 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 March, 1990, by the following vote-to-wit: AYES: COMMISSIONERS : BLAKESLEY, CHITIEA, MCNIEL, TOLSTOY, WEINBERGER NOES : COMMISSIONERS : NONE ABSENT: COMMISSIONERS : NONE