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HomeMy WebLinkAbout92-217 - ResolutionsACTION TAKEN REEDI//fIONNO. 92-217 A RESOLUIIC~ OF ~E CITY COUNCIL OF ~ CITY OF RAN(~t3 (IEAMONGA, (RLI[C~TLA, D~YING T~E APPEAL AND UP}IDLDING ~{E PIANNING CIP!fESSIQN'S DECISICS~ TO Ri~UIRE C~AMIC TTr.~ FOR 'IHE ~ Er.~ P0R SHAKEY'S ~ (DEVELOPM~qr REVIE~ NO. 91-15), LOCATED IN ~}{E TE~RA - APN: 1077-421-76 (i) Monarch Foods, Inc. has filed an application for the approval of the dcme design for Develo[~ent Review No. 91-15 as described in the title of this Resolution. Hereinafter in this REsolution, the subject Develo~ Review request is referred to as the "application.- (ii) On May 27, 1992, the Planning Co~i-qsion of the City of Rancho o~amonga conducted a duly noticed public baaring on the request to review the final design of the dcee, and following the conclusion of said public baaring, approved the dene with ceramic tiles. (iii) ~he decision re~resented by said Planning Cx...,.i-~sion,s action was timely appealed to this Council. (iv) On July 15, 1992, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concl,~_ed_ said baaring on that data. (v) All legal prerequisites prior to the RdOption of this Resolution have occurred. B. Resolution. City Council of the City of Rancho 0,~ as follows: 1. ~ Council hereby specifically finds that all of the facts set forth in the Recitals, Part "A," of tb~-~ Resolution are true and 2. Based upon s~t~eta~tial evi__aence presented to tb~ Council during the above-referenced hearing on July 15, 1992, including written and oral staff reports and the minutes of the above-referenced Planning (k~m~-~ionmeeting, this Councilherebyspecificallyfirasas follc~s: (a) The application applies to p~ located on tba north side of Foothill Boulevard, east of Haven Avenue, on property zoned Cca~..unity CuLmercial and is culTently vacant; and Resolution No. 92-217 Page2 (b) ~he properties to the north and west of the subject site are shopping centers, the property to the south is developed with a (c) The proposed project is not consistent with the Tetra Vista Town Center M~-~cer Plan. of facts set forth in peragra~ 1 ar~ 2 above, this Council hereby finds and concludes as follows: (a) The proposed plaster dome with the ball element is not consistent with the architectural theme of the Tetra Vista Town Center. 4. ~he City Council of the City of Rancho ~amonga hereby denies the appeal, subject to the following ccmlditions: (a) All oc~ditic~s of the approval, as contained in Planning C~,e.{-~si~l Resolution No. 92-67 including the Standard Omlditic~s, shall apply. (b) ~he dome shall have ceramic tiles. ~he final design issmnce of ui ding permit. 5. ~ Council bareby provides notice to F~rarch Foods, Inc. ,! that the time within which j~cial review of the decisic~ re~mesetu~ by this Resolutic~ must be sought is governed by the ~ovisic~s of California Code of Civil Procedure Sectic~ 1094.6. 6. Ihe City Clerk of the City of Ran~ho O~,,-~ is hereby directed to: (a) certify to the adc~tic~ of tb{-~ Resoluticm, ar~ (b) forthwith transmit a certified copy of this Resolution, by certified mail, re-receipt requested, to FrTklrch Foods, Inc., at the address i~_~aentified in City reo~ds.