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HomeMy WebLinkAbout92-216 - ResolutionsRESOLUTION NO. 92-216 RESOLUTIC~ OF T~E CITY COUNCIL OF ~E CITY OF RANCID (IEAM3~[~, C~T.T~ORNIA, UPHOLDING ~{E APPEAL AND REVERSinG PLANNING CCPMISSION'S D~CISIC~ TO Pa~QUIRE CERAMIC FOR ~4E DCME ~.~T FOR SHAKEY'S R~IRt~ANT (DEVELOM REVIF~ NO. 91-15), IOCAT~3 IN ~{E TERRA APN: 1077-421-76 A. Recitals. (i) Monarch Foele, Inc. has filed an applicatic~ for the app~3val of the ckee design for Develo[ment Review No. 91-15 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as the "application." (ii) On May 27, 1992, the Planning C~m,,i~ion of the City of Rancho Ou~nga conducted a duly noticed public hearing on the request to review the final design of the dcee, and following the conclusion of said public hearing,. aperoved the deem with ceramic tiles. (iii) Ihe decision represented_ by saw Planning Cn~mi-~ion's action was timely appealed to this Council. (iv) On July 15, 1992, the City Council of the City of Rancho O]eamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (v) All legal prereq,~-~ites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, TH~a~DRE, it is hereby found, deterre/ned, and resolved by the City Oouncil of the City of Rancho O~camonga as follows: 1. ~ 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 substantial evidence presented to this Council during the above-referenced hearing on July 15, 1992, including written and oral staff zepolts and the minutes of the above-referenced Planning meeting, this Council hereby specifically finds as follows: (a) ~he application applies to property located on the north side of Foothill Boulevard, east of Haven Avenue, on property zoned C~u,unity C~u~ercial and is currently vacant; and (b) ~he properties to the north and west of the subject site are shopping centers, the property to the south is developed with a restaurant Resolution No. 92-216 Page 2 (c) The proposed project is consistent with the Tetra Vista Town Center Ma-~cer Plan. 3. Based upon the substantial evidence presented to this Council during the above-refererEe~ public hearing, and upon the specific findings of facts set forth in paragral~hs 1 and 2 above, this Council hereby finds and concludes as follows: (a) The proposed plaster dcee with the ball element is consistent with the architectural theme of the Tetra Vista Town Center. 4. The City Council of the City of Rancho Cucamonga hereby upholds the appeal, subject to the follc~ing conditions: (a) All conditions of the ap~, as contained in Planning Cu~,,~dssion Resolution No. 92-67 including the Standard Conditions, shall apply, except for Caldition No. 1. (b) A hip roof tower shall replace the dcne. The final design shall be subject to City Planner review and approval prior to the issuance of 5. ~ Council hereby provides notice to M~narch Foods, Inc., that the time within which judicial ~view of the decision represented by this Resolution ~ust be sought is governed by the provisions of CalifcTnia Code of Civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho O~amonga is hereby directed to: (a) certify to the adoption of tb~-~ ~soluti~n, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to Monarch Foods, Inc., at the address identified in city records. PASSED, APPROV~D, and ADO~ this 15th day of July 1992. Alexander, Buquet, Stout, Willjams, Wright Resolution1 No. 92-216 Page 3 }~,~=a J. , City Clerk I, DE~RA J. ADAMS, CITY ~'~'.M Of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution wBs duly passed, approved, a~a adopted by the City Council of the City of Pand%o O~amcrqa, California, at a regular meeting of said City Oouncil held on the 15th day of CPuly 1992. Executed this 16th day of July 1992, at Rancho O~m~x/a, California.