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HomeMy WebLinkAbout88-29A - Resolutions RESOLUTION NO. 88-29A A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA MODIFYING A CONDITION OF APPROVAL FOR DEVELOPMENT REVIEW NO. 87-59, LOCATED AT THE NORTHWEST CORNER OF FOURTH STREET AND CENTER AVENUE IN SUBAREA NO. 6 OF THE INDUSTRIAL PLAN DISTRICT A. Recitals. (i) On February 10, 1988, the Planning Commission adopted Resolution No. 88-29, thereby approving, subject to specified conditions, Development Review 87-59, which provides for the development of an office, manufacturing and research and development facility totaling 56,923 square feet on 4.88 acres within subarea 6 of the Industrial Specific Plan District. (ii) On August 9, 1988, a request was filed by Delmar Enterprises, to modify the condition of approval requiring a lien agreement be submitted by the developer to guarantee the future construction of the median island on 4th Street. (iii ) On August 24, 1988, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission 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 Commission during the above-referenced public hearing on August 24, 1988, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The request applies to the payment of in-lieu fees as opposed to a Lien agreement to guarantee construction of a median island on 4th Street adjacent to the project site; (b) That the lien agreement would encumber the property placing a hardship on the developer, and; RESOLUTION NO. 88- 29A DR 87-59 Page 2 (c) That the payment of in-lieu fees to be deposited to a specific account is acceptable. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraph 1 and 2 above, this Commission hereby finds and concludes as follows: (a) That the proposed project is consistent with the objective of the General Plan; and (b) That the proposed use is in accord with the objective of the Development Code and the purpose of the district in which the site is located; and (c) That the proposed use is in compliance with each of the applicable provisions of the Development Code; and (d) That 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. This Commission hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and that a Negative Declaration was issued on February 10, 1988. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby modifies Resolution No. 88-29 by replacing "L.A." with "(c)" under median island for the 4th Street line of Standard Condition L.3. This modification will allow the use of a lien agreement or the payment of an in-lieu fee for one half the cost of the median island. 6. The Deputy Secretary to this Commission shall certify to the adoption of this Resolution. RESOLUTION NO. 88-29A DR 87-59 Page 3 APPROVED AND ADOPTED THIS 24TH DAY OF AUGUST, 1988. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: / a . 'c`i • airman ATTEST: .__!!_,+_, _s_:/ �rt:mr • Wary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 24th day of August, 1988, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: