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HomeMy WebLinkAbout09-244 - Resolutions RESOLUTION NO. 09-244 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AFFIRMING THE DECISION OF THE PLANNING COMMISSION TO APPROVE DEVELOPMENT REVIEW DRC2007-00402 AND TENTATIVE PARCEL MAP SUBTPM18535 AND ADOPT A MITIGATED NEGATIVE DECLARATION FOR THE DEVELOPMENT OF A RETAIL COMMERCIAL CENTER CONSISTING OF 3 BUIDINGS TOTALING 51,940 SQUARE FEET AND THE SUBDIVISION OF 4.67 ACRES OF LAND INTO 3 PARCELS FOR COMMERCIAL PURPOSES IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 4)OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED ALONG THE WEST SIDE OF ETIWANDA AVENUE NORTH OF FOOTHILL BOULEVARD;AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0227-221-08. A. Recitals. 1. Frank An, filed an application for the issuance of Development Review DRC2007-00402 and Tentative Parcel SUBTPM18535, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Tentative Parcel Map requests are referred to as "the applications." 2. On the 14th day of October 2009, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the applications and concluded said hearing on that date. After conducting such hearing, and based on the entirety of the administrative record before it, the Planning Commission approved adopted a Mitigated Negative Declaration and approved the applications. 3. The decision of the Planning Commission to approve the applications was appealed in a timely manner to this Council by Brian Mashian (the "appellant'). 4. On December 16, 2009, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the appeal. 5. 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 City Council of the City of Rancho Cucamonga as follows: 1. This Council 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 Council during the above-referenced public hearing on December 16, 2009, including written and oral staff reports,the minutes of the above-referenced Planning Commission meeting, and the contents of Planning Commission Resolutions No. 09-36&09-37, and together with public testimony,this Council hereby specifically finds as follows: a. The application applies to property located along the west side of Etiwanda Avenue north of Foothill Boulevard, with a total street frontage of approximately 369 feet and an average lot depth of approximately 540 feet, which is presently unimproved; and b. The property to the north of the subject site is an apartment complex ,the property to the south fronting along Foothill Boulevard is presently unimproved, and the property to the west has a recently constructed commercial center; and C. The application proposes the construction of a retail commercial center consisting of three (3) buildings totaling 51,940 square feet on 4.67 acres of land, a Permitted Use within the Foothill Boulevard Specific Plan; and d. The proposed building elevations meet the design goals of the General Plan and Foothill Boulevard Specific Plan by exhibiting a high level of architectural design, incorporating stacked stone, score lines, tower features, and decorative pavement; and e. The proposed project has adequate off-street parking for all proposed uses; and f. The proposed project has been designed with a large landscaped setback along the northerly property line to limit impacts to the adjacent apartment complex; and r g. The subject property is vacant and has been cleared, and does not contain any trees; and h. The proposed project, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. The proposed project is consistent with the objectives of the General Plan; and b. The proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and C. The proposed use complies with each of the applicable provisions of the Development Code; and d. The proposed use, together with the conditions applicable thereto, will not 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 Council hereby denies the appeal, affirms the action of the Planning Commission, and approves of the applications and the issuance of a Mitigated Negative Declaration subject to all conditions of approval contained in the Planning Commission Resolutions No. 09-36 and 09-37, attached hereto. 5. This Council hereby provides notice to Mr. Brian Mashian, the appellant, and Frank An, the applicant,that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. Resolution No. 09-244 - Page 2 of 4 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b)forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to Frank An and to Mr. Brian Mashian at the addresses identified in City records. Please see the following page for formal adoption,certification and signatures Resolution No. 09-244 - Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 16`" day of December 2009. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Donald J. Kurth, ft., Mayor ATTEST: a ice C. Reynolds, City ClWk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 16`" day of December 2009. Executed this 17`" day of December 2009, at Rancho Cucamonga, California. nice C. Reynolds, Cit Jerk Resolution No. 09-244 - Page 4 of 4