HomeMy WebLinkAbout95-39 - Resolutions RESOLUTION NO. 95-39
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, DENYING A MODIFICATION TO
CONDITIONAL USE PERMIT NO. 93-46, A REQUEST TO MODIFY THE
APPROVED SITE'PLAN AND CERTAIN CONDITIONS OF APPROVAL FOR
A PREVIOUSLY APPROVED GAS STATION AND MINI-MARKET IN THE
COMMUNITY COMMERCIAL DESIGNATION OF THE FOOTHILL
BOULEVARD SPECIFIC PLAN (SUBAREA 2) OF THE FOOTHILL
BOULEVARD SPECIFIC PLAN LOCATED AT THE SOUTHEAST CORNER
OF FOOTHILL BOULEVARD AND VINEYARD AVENUE, AND MAKING
FINDINGS IN SUPPORT THEREOF - APN: 208-192-06 AND 07.
A. Recitals.
1. Art and Diana Flores have filed an application for a modification to Conditional Use Permit
No. 93-46, as described in the title of this Resolution. Hereinafter in this Resolution, the subject
Conditional Use Permit request is referred to as "the application."
2. On July 27, 1994, the Planning Commission approved Conditional Use Permit 93-46,
subject to certain conditions, through adoption of Planning Commission Resolution No. 94-67.
3. On August 23, 1995, 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.
4. 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 hearing on August 23, 1995, 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 southeast corner of Foothill
Boulevard and Vineyard Avenue with a street frontage of 140 feet along Foothill Boulevard and 155
feet along Vineyard Avenue and is presently vacant; and
b. The property to the north of the subject site is designated for commercial uses and
is developed with a retail center. The property to the south is designated for residential uses and
is developed with a residential condominium project. The property to the east is designated for
commercial uses and is developed with a liquor store. The property to the west is designated for
commercial uses and is vacant; and
c. The development of the gas station and mini-market is consistent with the
Community Commercial designation of the Foothill Boulevard Specific Plan and the Commercial
designation of the General Plan; and
PLANNING COMMISSION RESOLUTION NO. 95-39
CUP 93-46 - FLORES
September 13, 1995
Page 2
d. The application contemplates acquisition of right-of-way across the frontage of the
Red Hill Liquor Store site. The ability to initiate proceedings to acquire the right-of-way rests solely
with the City Council. Should the City Council decide not to initiate condemnation proceedings to
acquire the right-of-way, the application would result in the following:
i. The original approval required the combination of the three drive approaches
on the Red Hill Liquor Store and In-N-Out Burger sites into one approach on the Liquor Store site.
The combination of these drive approaches results in safer vehicular movements and greater access
controls to Foothill Boulevard. Elimination of these requirements will result in the continuation of
unsafe, uncontrolled turning movements, posing a threat to public safety; and
ii. The original approval required the widening of Foothill Boulevard across the
front of the gas station and liquor store sites. This widening created, in effect, a right turn lane for
vehicles entering the subject site. This widening will allow the vehicles to pull out of the travel lanes,
thereby creating safer access to the site; and
e. The original application, together with the attached conditions of approval, complies
with the standards of the Development Code. Elimination of the frontage improvements across the
Red Hill Liquor Store site will result in a project which does not meet the requirements of the Foothill
Boulevard Specific Plan.
3. Based upon the substantial evidence presented to this Commission during the July 27,
1994, and 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. 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.
b. 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 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.
APPROVED AND ADOPTED THIS 13TH DAY OF SEPTEMBER 1995.
PLANNING CO MISSI.IOF THE CITY OF RANCHO CUCAMONGA
BY: ellaWle
ELI- •id Barker, Cha. man
ATTEST. ��
Brad Vrecr:(�
PLANNING COMMISSION RESOLUTION NO. 95-39
CUP 93-46 - FLORES
September 13, 1995
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 13th day of September 1995, by the following vote-to-wit:
AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: TOLSTOY