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HomeMy WebLinkAbout99-263 - Resolutions RESOLUTION NO. 99-263 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE CITY PLANNER'S DECISION IN APPROVING MINOR DEVELOPMENT REVIEW 99-22 WITH CONDITIONS FOR A 99 CENTS ONLY STORE, LOCATED AT 9640 BASE LINE ROAD IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 202-161-40. A. RECITALS. 1. The appellant, 99 Cents Only Stores, has filed an application for approval of a Minor Development Review, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Minor Development Review is referred to as the "application." 2. On August 24, 1999, the City Planner of the City of Rancho Cucamonga approved the application with conditions. 3. The decision of the City Planner was appealed in a timely manner by 99 Cents Only Stores. 4. On October 13, 1999, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and, following the conclusion of said public hearing, adopted Resolution 99-107, thereby upholding the City Planner's decision and denying said application. 5. The decision represented by said Planning Commission Resolution was appealed in a timely manner to this Council. 6. On November 17, 1999, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 7. 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 City Council of the City of Rancho Cucamonga as follows: 1. This 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 November 17, 1999 hearing, including written staff reports, the minutes of the above-referenced Planning Commission meeting, and the contents of Planning Commission Resolution 99-107, this Councii hereby specifically finds as follows: Resolution No. 99-263 Page 2 of 4 (a) The application applies to the property located at 9640 Baseline Road with a street frontage of approximately 1,030 feet and lot depth of approximately 400 feet, located within the Neighborhood Commercial district, and is currently improved with a shopping center; and (b) The appellant submitted an application for a Minor Development Review on June 23, 1999, requesting the following storefront modifications: translucent dark pink awnings, elimination of wainscot on existing storefront windows, addition of storefront windows, change of aluminum mullions from bronze to blue, and a 6-foot high, rtl-colored wall sign; and (c) All of the proposed architectural changes described in Section B, paragraph 2, subsection (b) are inconsistent with the established architectural style of the center since none of the proposed architectural elements exist and their introduction would create an inconsistent architectural style of the center; and (d) The Uniform Sign Program for the center allows two colors and a letter height of 4 feet; and the proposed "99 Cents Only Store" wall sign has three colors and a letter height of 6 feet, which does not meet the established criteria for the Uniform Sign Program for the center; and (e) The General Plan Design Principles states that "Designers should not view their projects singly, but as part of a larger master plan area in which they are responsible for design continuity and compatibility;" and the proposed design of the "99 Cents Only Store" would be inconsistent with the established architecture and signage of the center and the introduction of the proposed architectural features and signage would not be consistent with meeting the General Plan Design Principles; and (f) Section 17.10.30-F-4 of the Development Code lists criteria for implementing the goals and policies of the General Plan with regard to shopping centers; and subsection (c) calls for centers to be designed with one theme, with buildings consistent in design; 99 Cents Only Store is proposing architectural and signage changes that are unique and inconsistent with the center and therefore do not meet the specified design guidelines for shopping centers; and Based upon the substantial evidence presented to this Council during the above-referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concIudes as follows: (a) The proposed Minor Development Review is not consistent with the General Plan and Development Code; and (b) The design or improvements of the Minor Development Review is not consistent with the General Plan and Development Code; and Resolution No. 99-263 Page 3 of 4 (c) The proposed improvements are not in compliance with each of the applicable provisions of the Development Code; and (d) The proposed improvements, together with the conditions applicable thereto, will be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. (e) With the conditions of this application as modified below, the City Council does not intend to require, nor does its actions mandate, that the applicant modify the design or content of its registered trademark logo. By the City's action, the applicant is permitted to identify and advertise its business by way of a wide variety of alternative wall sign designs that comply with the City's Development Code and with the standards of the Uniform Sign Program for the subject shopping center. 4. The City Council of the City of Rancho Cucamonga hereby denies the appeal and approves Minor Development Review 99-22 as conditioned by the City Planner, except that the condition relating to the proposed wall sign is modified to read as follows: In order to comply with the City's Development Code requirements for signs and to comply with the Uniform Sign Program in the subject shopping center, the applicant shall not utilize a wall sign design that includes its registered trademark logo. The applicant may erect a wall sign, at the location indicated on its proposed plans, that complies with the City's Sign Ordinance and satisfies the requirements of the Uniform Sign Program for the applicable shopping center, subject to the satisfaction of the City Planner. 5. This Council hereby provides notice to 99 Cents Only Stores that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to 99 Cents Only Stores a the address identified in the City records. Please see the following page for formal adoption, certification and signatures Resolution No. 99-263 Page 4 of 4 PASSED, APPROVED, AND ADOPTED this 1st day of December, 1999. AYES: Alexander, Dutton, Williams NOES: None ABSENT: Biane, Curatalo ABSTAINED: None ATFEST: I, DEBRA J. ADAMS, 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 1st day of December, 1999. Executed this 2® day of December, 1999, at Rancho Cucamonga, California. ~asr~MC~, City Clerk