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HomeMy WebLinkAbout95-030 - ResolutionsRESOLUTION NOT APPROVED RESOLUTION NO. 95-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING THE APPEAL AND LIPHOLDING THE PLANNING COMMISSION APPROVAL FOR A MODIFICATION TO CONDITIONAL USE PERMIT 93-49, WHICH IMPOSED A CONDITION OF APPROVAL LIMITING BUILDING 1 TO ONE WALL SIGN, WITHIN TOWN CENTER SQUARE, LOCATE ON THE NORTH SIDE OF FOOTHILL BOULEVARD BETWEEN SPRUCE AND ELM AVENUES, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-421-58 AND 63. A. Recitals. (i) Westem Development Company has filed an appeal of the Planning Commission's approval of a modification to Conditional Use Permit 93-49, as described in the title of this Resolution. Hereinafter in this Resolution, the appeal request is referred to as the "application." (ii) On the 1 lth day of January 1995, the Planning Commission of the City of Rancho Cucarnonga conducted a duly noticed public hearing on the Conditional Use Permit and, following the conclusion of said public hearing, adopted Resolution No. 94~69A approving said permit with conditions. (iii) The decision represented by said Planning Commission Resolution was timely appealed to this Council. (iv) On the 1st of March 1995, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the appeal and concluded said hearing on that date. (v) 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. This Council hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970, and further, the Planning Commission has issued a Negative Declaration for the Master Plan on July 27, 1994. RESOLUTION NOT APPROVED Resolution No. 95-030 Page 2 3. Based upon substantial evidence presented to this Council during the above-referenced March 1, 1995 public hearing, including written staff reports, the minutes of the above-referenced Planning Commission meeting, and the contents of Planning Commission Resolution No. 94-69A, this Council hereby specifically finds as follows: (a) The application applies to property located on the north side of Foothill Boulevard, between Spruce and Elm Avenues, on property zoned Community Commercial District of the Terra Vista Community Plan, and is partly improved with a 57,500 square foot building and parking area. (b) The properties to the north and west are planned for residential development, and the properties to the east and south are vacant. (c) The design of the project, together with the conditions of approval, meets the applicable standards in the Development Code, the development standards, and the design guidelines in the Terra Vista Community Plan. (d) The condition of approval eliminating a wall sign on the west elevation of Building 1 will mitigate the nuisance problem of glare. 4. Based upon the substantial evidence presented to this Council during the above-referenced public heating, and upon the specific findings of facts set forth in paragraphs 1, 2, and 3 above, this Council hereby finds and concludes as follows: (a) That the proposed use is in accord with the General Plan, the objectives of the Terra Vista Community Plan, and the purposes of the district in which the site is located. (b) The proposed use, together with the conditions applicable thereto, including the condition that eliminated a wall sign fi'om the west elevation of Building 1, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity.. (c) That the proposed use complies with each of the applicable provisions of the Development Code and the Terra Vista Community Plan. 5. The City Council of the City of Rancho Cucamonga hereby denies the appeal 6. This Council hereby provides notice to Charles R. Beecher of Western/Development Company 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. 7. 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 Charles R. Beecher at the address identified in City records.