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HomeMy WebLinkAbout92-251 - Resolutions RESOLUTIC~ NO. 92-251 A RESOLUEION OF ~HE CITY ~ OF I~E CITY OF ~ 91-37, AND D~YING AN APPEAL OF C[~DIT/C~S OF APPROVAL PEREAINING TO q~E A~NING CODC~ AND DESI~ AND IHE IANE~CAPI~G, A P3~QUEST TO (I~~ A 3,275 SQ%RRE FOOT DESIGNATIC~ OF I~E TIARA VLqEA PLANNED (IM~$rlTY, ~ AT ~HE SOUIHEAST CC~NER OF M~.LTK~N AV~ru~ AND BASE LINE ROAD, AND MAKING FINDINGS IN SUPPC~P ~{BR~OF - APN: 227- 151-21. A. Recitals. (i) Carl Karmher Enterpr~, Inc. has filed an applicatic~ for the approval of Conditional Use Permit No. 91-37 as described in the title of t_his (ii) On the 22nd day of July, 1992, the Planning Cc~icel of the City of Rancho CUcam~x3a corrkEted a duly noticed public hearing c~ the application and continued the hearing to August 12, 1992. (iii) On Auc3ast 12, 1992, the P~ C~,,~-~ion cc~cl~a~__ the public hearing ara adopted its Resolution No. 92-106 thereby appruvi~g, s~bject to certain conditions, the application. (iv) On August 17, 1992, the applicant filed an appeal with the City Clerk within the time limits prescribed by law. (v) On Se~tenber 16, 1992, the City (buncil of the City of Rancho Cucamonga ccraucted a duly noticed public hearing and concluded said hearing on that date. (vi) All legal prerequisites prior to the ___~on of this Resolutic~ B. Resolution. NOW, ~EREKRE, it is hereby found, datermined, and resolved by the City Council of the City of Rancho Cuca~mc~ga as follows: 1. This Council hereby specifically firas that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upun sukstantial evidence presented to this Ommcil during the above-referenced public hearing on September 16, 1992, including written specifically finds as follows: Resolution No. 92-251 P~e2 (a) ~he application applies to property located at the southeast corner of Milliken Avenue and Base Line Road ar~ ccr~ains a (b) ~he properties to the north, south, and east of the subject site are designated for residential uses and are vacant. ~he pr~ to the west is deeignated for office and residential uses and is vacant and (c) ~he develc~M~c of a 3,275 square foot fast food Terra Vista Plann~_~__ C~mity and the C~a~ercial designation of the General Plan, and (d) ~he application, with the cunditicms of approval cuntained within Plannin~ C~.,~-~eion Resolution No. 92-106, will cc~01y with all applicable standards of the Develo[ment Code. (e) The application proposes an ard~~ design that is fu~m, materials, and colors, ~ for the awnin~ design and colors as appealed. ~le proposed use of ccrExEate colo~ (i.e., red and yellow) for the awnings is inc~i~ with the c~nditic~s of ap~zu~a for this integrated shoppir~ center, as set forth in Planning o~massion Resolution No. 90-83, which requires that all buildings within the center be designed consistent with the architectural ~'o~3x'am established, including "ardli~ elevations, exterior colors and materials..." (f) The Planning Cu~assion re~,~ed additic~al trees flankin~ the drive-thru lane exit to address the lack of trees along the east build/r~ elevation. ~he trees wuuld be located in t~o larr~ planters which are of sufficient size to acccmmrdate Queen palms consistent with the established lan~ theme of the center. duri.~ the ahoy-referenced public hearing and upon the specific findings of facts set forth in A3aracJraphs 1 and 2 above, this Council hereby finds and cor~ludes as follows: (a) ~hat the propoeed use is cmsistent with the General Plan, the Develo~Mnt Code, and specific plans; and (b) ~at the m~x~ed use, together with the oonditi~s welfare, or materially injurious to properties or improvem~Its in the (c) ~hat the propoeed use cueplies with each of the applicable provisic~s of the Term Vista Planned C~a~mity and the Develo~mPmt Code. Resolutic~ No. 92-251 4. ~ Council hereby finds and certifies that the project has been reviewed and ccrsidered in compliance with the California Env]xcrm~Tfcal Quality A~t of 1970 and, further, the Planning Ccm~qic~ issued a Negative Declaration1 c~ Aur3ust 12, 1992. 5. Based upon the findings and cce3clusio~s set forth in par~ 1, 2, 3, and 4 above, this Council hereby denies the appeal and approves COraitic~al Use Permit 91-37 subject to all ccraitions of approval contained within Planning C~massic~ Resolutic~ No. 92-106. Inc., that the time within which judicial review of the decision represented by this Resolution must be sought is g~_ by the provisions of California Code of Civil Procedure Section 1094.6. 7. I~a City Clerk of the City of Rancho Cucammnga is hereby direc~d to: (a) ce~ify to the adoptin of th/s R~oluti~, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to Carl Karcher Enterprises, Inc., at the address identified in City records.