2002 RES R-69-02 - Laserfiche WebLink

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Planning Commission's denial of File Index No. DCV -93-01 (the "Project") and approves the 1 Application for the reasons set forth below: 2 A. Conditional Use Permit. 3 (1) The proposed use is in accordance with the General Plan, the 4 objectives of the Colton Zoning Ordinance and the purposes of the zone in which it is located. The Project Site has a General Plan designation of "Industrial Park" ("I -P"). Although the General Plan 5 encourages master planned industrial parks, the proposed drive-through restaurant ("Project")is consistent with the land uses permitted in this land use classification. Fast food restaurants are 6 permitted uses in the I -P zone with the approval of a Conditional Use Permit. More specifically, the 7 proposed Project is consistent with the following General Plan Land Use Element objectives, principles and standards: 8 (a) The proposed Project is consistent with the general objective to create a balanced hierarchy of commercial land uses which will service the consumer and 9 economic interests of the City and region. The proposed Project will contribute to such a balanced hierarchy of commercial land uses by establishing a viable commercial use on what is now a vacant 10 lot that testimony presented during the hearings indicates is currently used for illegal parking. The Project, which is adjacent to a motel and a sit-down restaurant, will contribute to a balance of 11 commercial. uses in that area and will provide additional dining options to consumers, which will 12 better serve the consumer and economic needs in that area of the City. (b) The proposed Project is also consistent with the Commercial 13 Standards of the Land Use Element which call for a wide variety of restaurant uses oriented toward retail trade in areas of intense commercial use, along major streets. The proposed Project would be 14 located along a major street in an area of intense commercial use. As noted above, the Project will add to a variety of restaurant uses within that area of the City and provide additional dining options 15 to consumers. The consumers likely to frequent the proposed Project could include those who would access the proposed Project from the nearby 1-215 freeway, as well as patrons of the existing 16 motel and consumers working at other businesses within that portion of the Industrial Park zone 17 where the proposed Project is located. (c) The proposed Project is consistent with the Industrial 18 Principles of the Land Use Element which state that industrial uses need to be located in areas compatible with surrounding uses such as adjacent to railroads and freeways. The proposed 19 Project is compatible with the adjacent motel and restaurant. In addition, the proposed Project is located across from the 1-215 freeway. 20 (2) As part of the review of the Application, the City Council has also 21 determined that there exists an ambiguity in the City's Zoning Ordinance, and has interpreted the 22 matrix in Section 18.06.060 of the Colton Municipal Code to allow drive-through restaurants as conditionally permitted uses for the I -P zone. Moreover, the Project design, with the approval of the 23 Major Variance, meets all development standards imposed on developments of this type. As a result, approval of the Application meets or exceeds the objectives of the Colton Zoning Ordinance 24 and the purposes of the zone in which the Project will be located. 25 (3) The proposed use caused by the Project will not be detrimental to the public health, safety or welfare and will not be materially injurious to properties in the vicinity and 26 zone. The restaurant use authorized by the Application is compatible with the adjacent motel and 27 restaurant. Moreover, the design and improvements proposed as part of the Application will improve traffic safety conditions in this area (by adding a merge lane), as well as existing drainage 28 conditions. RV PUB\NGS\634062 -2-