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HomeMy WebLinkAbout92-10 - Resolutions RESOLUTION NO. 92-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING CONDITIONAL USE PERMIT NO. 91-20, A REQUEST TO ESTABLISH A GAS STATION, MINI-MARKET, AND CAR WASH ON A 1.31 ACRE PARCEL IN THE MEDIUM RESIDENTIAL DESIGNATION (8-14 DWELLING UNITS PER ACRE) OF THE TERRA VISTA PLANNED COMMUNITY, LOCATED AT THE SOUTHWEST CORNER OF BASE LINE ROAD AND ROCHESTER AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-151-17. A. Recitals. (i) Shell Oil Company has filed an application for the issuance of the Conditional Use Permit No. 91-20 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 October 9, 1991, the Planning Commission conducted a duly noticed public hearing and continued said public hearing to allow the development plans to be resubmitted to the Design Review Committee. (iii) On the 17th day of December 1991, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and continued said hearing to January 8, 1992. (iv) On the 8th day of January 1992, 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. The Planning Commission directed that a Resolution of Denial be prepared for the January 22, 1992, meeting. (v) 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 substantial evidence presented to this Commission during the above-referenced public hearings on December 17, 1991, and January 8, 1992, 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 Base Line Road and Rochester Avenue with a street frontage of 250 feet along Base Line Road and 174 feet along Rochester Avenue. The parcel is presently vacant; and PLANNING COMMISSION RESOLUTION NO. 92-10 CUP 91-20 - SHELL OIL COMPANY January 22, 1992 Page 2 (b) The properties to the north and east are zoned for and being developed with single family residences. The properties to the south and west are zoned for multi-family units and are vacant; and (c) Under the Terra Vista Community Plan, service stations and related uses (mini-market and car wash) are defined as "Community Facilities" and are permitted in any zoning designation along the major arterials (Base Line, Milliken, or Rochester) subject to review and approval of a Conditional Use Permit; and (d) The application contemplates the 24-hour operation of a gas station, mini-market, and car wash; and (e) Under the Terra Vista Community Plan, an adequate separation shall be provided between a service station and residential areas in the form of a street, additional landscape setback, or other "buffer" of non-residential use satisfactory to the Planning Commission. As proposed, insufficient buffering exists to adequately mitigate the impacts of the proposed operation on the adjoining residentially zoned areas; and (f) Under the Terra Vista Community Plan, the appropriateness of the locations of service stations, including car washes and convenience retail (mini-marts) , shall be determined by the Planning Commission during the Conditional Use Permit process; and (g) The proposed 24-hour a day operation of the gas station, car wash, and mini-market will result in excessive vehicular traffic, vehicles left running, radios playing, etc. , creating excessive noise, air emissions, and an intensity of use which is incompatible with the residential area. 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 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 will be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 4. Based upon the findings and conclusions set forth in paragraphs 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. PLANNING COMMISSION RESOLUTION NO. 92-10 CUP 91-20 - SHELL OIL COMPANY January 22, 1992 Page 3 APPROVED AND ADOPTED THIS 22ND DAY OF JANUARY 1992. PLANNING CO7SSION OF THE CITY OF RANCHO CUCAMONGA BY: ( 4.I A I _ c i I L-rry Tc 'el, Cha'rman i/ ATTEST: g‘ 1iI�� " �-� _ _ Brad fir; Se 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 22nd day of January 1992, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, TOLSTOY, VALLETTE NOES: COMMISSIONERS: MCNIEL, MELCHER ABSENT: COMMISSIONERS: NONE