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