HomeMy WebLinkAbout17-007 - Resolutions - PERFORMANCE BOND, AND LABOR & MATERIAL BOND FOR CONDITIONAL USE PERMIT (CUP) 97- 23RESOLUTION NO. 17-007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE
CITY ENGINEER TO RELEASE THE IMPROVEMENT
AGREEMENT, PERFORMANCE BOND, AND LABOR &
MATERIAL BOND FOR CONDITIONAL USE PERMIT (CUP) 97-
23 LOCATED AT 10134 FOOTHILL BOULEVARD SUBJECT TO
THE REVOCATION OF CUP 97-23
A. Recitals
1. In 1997, the Rancho Cucamonga Planning Commission (Commission)
approved CUP 97-23 to allow a nightclub and sports bar with entertainment and the on-site
consumption of alcohol at 10134 Foothill Boulevard (the subject property) subject to a condition
that certain public improvements be constructed along the project's frontage.
2. In 2000, the City accepted an Improvement Agreement and Bond #67825
to secure performance of the condition of approval requiring construction of the public
improvements required for CUP 97-23.
3. In or before 2013, the nightclub and sports bar allowed pursuant to CUP
97-23 ceased operating on the subject property.
4. In 2016, the Commission approved DRC2016-00006 to allow a mixed-use
development on the northeast corner of Foothill Boulevard and Hermosa Avenue, which includes
the subject property, subject to a condition that requires construction of public improvements that
were required for CUP 97-23 in addition to further improvements necessary to support the new
development.
5. On January 10, 2017, the owners of the subject property submitted a letter
requesting rescission of CUP 97-23 for the purpose of allowing the City to release the
Improvement Agreement and Bond #67825, which will facilitate the sale of the subject property
and development of the mixed-use project approved in 2016.
6. The Commission is scheduled to consider revocation of CUP 97-23
pursuant to the owner's request on January 25, 2017.
B. Resolution
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby finds,
determines, and resolves as follows:
1. All facts set forth in the Recitals in Part A are true and correct.
2. In the event that CUP 97-23 is revoked, the City Engineer shall be
authorized to release the Improvement Agreement and Bond #67825 for CUP 97-23, provided
that neither such release nor anything in this Resolution shall excuse or waive performance of
any condition of approval of DRC2016-00006.
Resolution No. 17-007 — Page 1 of 2
PASSED, APPROVED, AND ADOPTED this 18th day of January 2017.
yit`ne B. Kennedy, Mayor P&Tem
ATTEST:
e C. Reynolds, City
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed, approved and
adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting
of said City Council held on the 18th day of January 2017, by the following roll call vote, to wit:
AYES: Alexander, Kennedy, Spagnolo, Williams
NOES: None
ABSENT: Michael
ABSTAINED: None
Executed this 19th day of January 2017, at Rancho Cucamonga, California.
Gly -e eai
di
e C. Reynolds, City Ierk
Resolution No. 17-007 — Page 2 of 2