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HomeMy WebLinkAbout99-43 - Resolutions RESOLUTION NO. 99-43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE CITY PLANNER'S DECISION IN DENYING A SIGN APPLICATION FOR FUNCOLAND WITHIN TERRA VISTA TOWN CENTER, LOCATED AT 10730 FOOTHILL BOULEVARD, SUITE 140, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 1077-421-75. A. Recitals. 1. The appellant, Funcoland, has filed an application for the issuance of a sign permit as described in the title of this Resolution. Hereinafter in this Resolution, the subject Sign Permit request is referred to as "the application." 2. On April 1, 1999, the City Planner denied the application as inconsistent with the Uniform Sign Program for the Terra Vista Town Center. 3. The decision of the City Planner was timely appealed by Funcoland. 4. On the 12th day of May 1999, the Planning Commission of the City of Rancho Cucamonga held a meeting on the application and concluded said hearing on that date. 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 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 the substantial evidence presented to this Commission during the above- referenced meeting on May12, 1999, including written and oral staff reports, this Commission hereby specifically finds and concludes as follows: a. The application applies to property located at 10730 Foothill Boulevard and within Terra Vista Town Center; and b. The property owner, Lewis Operating Corporation, revised Uniform Sign Program No. 134 for Terra Vista Town Center, which was approved by the Planning Commission on January 13, 1999. The Uniform Sign Program established a hierarchy of sign criteria by size of tenants within the center; and c. On January 11, 1999, the appellant, Funcoland, submitted a sign application for their wall sign, which was installed without the City's sign approval or the necessary building permits and electrical permits. The installed sign consists of multi-colored individual letters; and PLANNING COMMISSION RESOLUTION NO. 99-43 USP NO. 134 - FUNCOLAND May 12, 1999 Page 2 d. On January 14, 1999, City Planner denied the appellant's sign application because the multi-colored sign copy was inconsistent with the sign criteria of one color. The appellant timely appealed the City Planner's action. On March 10, 1999, the Planning Commission conducted a hearing to review the appeal. The Commission denied the appeal and upheld the City Planner's decision. The appellant did not appeal the Commission's action; and e. On April 1, 1999, the appellant submitted a new, but essentially the same, sign application for their wall sign. Based on inconsistency with the approved Uniform Sign Program No. 134, the City Planner denied the sign application on April 8, 1999. The City Planner's action was timely appealed. 3. Based upon the findings and conclusions set forth in paragraphs 1 and 2 above, this Commission hereby denies the appeal and upholds the City Planner's decision. 4. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF MAY 1999. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA r OF BY: � t a..a.4 elP - —Larry Toy!cNiel, Chairman ATTEST: Bra•'°1", Seen 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 12th day of May 1999, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE