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HomeMy WebLinkAbout98-89 - Resolutions RESOLUTION NO. 98-89 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MODIFYING DIRECTOR'S REVIEW NO. 79-24, FOR A COMMERCIAL CENTER IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, LOCATED AT THE SOUTHEAST CORNER OF ARCHIBALD AVENUE AND BASE LINE ROAD, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-011-45 AND 47 THROUGH 52. A. Recitals. 1. On September 9, 1998, the Planning Commission of the City of Rancho Cucamonga received a request from two residents east of the commercial center to assist in relieving the nuisance problems they experienced from the major tenant, Albertsons. 2. On September 23 and continued to December 9, 1998, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the Director's Review and concluded the hearing on that date. 3. 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 the substantial evidence presented to this Commission during the above- referenced public hearing on September23 and December 9, 1998, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The subject Director's Review applies to property located at the southeast corner of Archibald Avenue and Base Line Road and is presently improved with a commercial center where Albertsons is a major tenant. b. The properties to the north and west are developed with commercial centers, the properties to the south and east are developed with single family residences. c. Two adjacent residents have submitted complaints of continuing nuisance problems that they have experienced since 1996. The nuisance problems include noise from delivery trucks, loading and unloading activities, use of a trash compactor and a lot sweeper, loss of privacy and use of their backyards, and unwanted activities along their property boundary. d. Albertsons has attempted to address, in the past,the nuisance problems with the following control measures: compressed delivery schedules and limiting the use of the trash compactor to the hours between 8 a.m. and 9 p.m. and installing security gates and keeping them locked to deter delivery trucks from violating the curfew hours of 9 p.m. and 8 a.m. e. The control measures have not been effective in addressing the negative impacts of noise, the loss of privacy and use of the residents' backyards, and the security problems. PLANNING COMMISSION RESOLUTION 98-89 DR 79-24 - FRANK H. AYERS & SONS December 9, 1998 Page 2 f. At the public hearing of September 23, 1998, the Planning Commission directed the affected residents and Albertsons to work together in finding acceptable solutions that address the nuisance problems. g. The affected residents and Albertsons met to review and discuss the control and mitigation measures recommended by staff. At the meeting on November 17, 1998, between the affected residents and Albertsons, they jointly agreed on the following control and mitigation measures: Albertsons is to install a separate 9-foot high wall 1 or 2 feet away from the existing block wall, Albertsons and City agreed to the removal of the screen wall adjacent to the loading dock, Albertsons agreed to provide sound insulation to the enclosure walls for the trash compactor, and Albertsons agreed to replace the second story windows for the residence located at 7390 London Avenue with dual-glazed windows. 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 use is not being operated in an appropriate manner which has resulted in nuisance problems of noise and loss of privacy; and b. That the addition of control and mitigation measures would result in the shopping center being conducted in an appropriate manner. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby modifies the Director's Review subject to each and every condition set forth below: Planning Division 1) No delivery, loading and unloading, or the use of the trash compactor between the hours of 9 p.m. and 8 a.m. daily. 2) Maintain security fences and gates at the east side of Albertsons and at the southerly drive entrance and lock the gates between the hours of 9 p.m. and 8 a.m., daily 3) Queuing and parking of delivery trucks along the east property boundary wall shall be prohibited. Signs shall be posted reflecting this condition, subject to City Planner review and approval. 4) Install a freestanding 9-foot wall 1 or 2 feet away from the east property boundary wall and provide appropriate return walls at each end. The lineal distance and the location of the return walls along the east property boundary shall be determined by City Planner. Detailed plans and a time schedule to complete the work shall be submitted for City Planner review and approval prior to issuance of building permits and installation. 5) The existing screen wall next to the loading dock shall be removed. 6) Provide sound insulation measures for the trash compactor. Detailed plans and a time schedule to complete the work shall be submitted for City Planner review and approval. PLANNING COMMISSION RESOLUTION 98-89 DR 79-24 - FRANK H. AYERS & SONS December 9, 1998 Page 3 7) Conditions No. 4 and 6 shall be completed within three months from City Planner approval of detailed plans. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF DECEMBER 1998. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA / r BY: 'It, i a Si' iM- Lar,/ . McNiel, Chairman ATTEST: Br1WWr, S r 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 9th day of December 1998, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE