HomeMy WebLinkAbout95-020 - Resolutions.... RESOLUTION NO. 95-020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
MODIFICATION TO CONDITIONAL USE PERMIT 91-24, A
REVISION TO CERTAIN CONDITIONS OF APPROVAL FOR A 27
ACRE CENTER LOCATED AT THE SOUTHWEST CORNER OF
ROCHESTER AVENUE AND FOOTHILL BOULEVARD IN THE
INDUSTRIAL PARK DISTRICT (SUBAREA 7) OF THE INDUSTRIAL
AREA SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT
THEREOF -APN: 227-011-10, 19, 21, AND 26 THROUGH 28.
A. Recitals.
1. Masi Commerce Center Partners has filed an application for a modification to
Conditional Use Permit 91-24, as described in the title of this resolution. Hereinafter in this
Resolution, the subject modification request is referred to as "the application."
2. On the 25th day of January 1995, 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. At the conclusion of the public hearing, the Planning Commission
adopted their Resolution No. 95-08, thereby approving the application.
3. On January 26, 1995, the applicant timely appealed the approval of said
Resolution based on conflicts with the following conditions:
(a) Planning Condition No. 8: Chaffey-Garcia Barn Contribution; and
(b) Planning Condition No. 9: Timing of landscaping along Masi Drive/Sebastian
Way; and
(c) Planning Condition No. 15: Development criteria for trash enclosures; and
(d) Planning Condition No. 20: Timing of approval of the Uniform Sign
Program.
4. 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.
Resolution No. 95-020
Page 2
2. Based upon substantial evidence presented to this Council during the above-
referenced public hearing on February 15, 1995, including written and oral staff reports,
together with public testimony, this Council hereby specifically finds as follows:
(a)
The application applies to property located at the southwest corner of
Rochester and Foothill Boulevards with a street frontage of 1,250 feet along
Foothill Boulevard and a lot depth of 950 feet along Rochester Boulevard
and is presently vacant, and in the process of being rough graded;
(b)
The property to the north of the subject site is vacant, the property to the
south consists of the Sports Complex, the property to the east is developed
with the Aggazzotti Winery, and the property to the west is vacant; and
(c) The property is designated "Industrial Park" by the Industrial Area Specific
Plan; and
(d)
The project required the demolition of the Cowgirl Saloon, formerly known
as the La Fourcade store and gas station. The structure was designated an
Historic Point of Interest by the City Council on September 18, 1991.
(e)
The monetary contribution to the Chaffey-Garcia Barn was originally
recommended by the Historic Preservation Commission on September 5,
1991 as an important alternative to other on-site historical improvements;
and
(f)
The requirement for the monetary contribution to the Chaffey-Garcia Barn
was upheld by the City Council on September 18, 1991, but was reduced
from $25,000 to $10,000; and
(g)
On August 6, 1992 the applicant made a formal request to the Historic
Preservation Commission to waive the $10,000 contribution; the HPC did
not support this request; and
(h)
On August 19, 1992 the applicant appealed the monetary contribution to the
Chaffey-Garcia Barn project to the City Council; the City Council did not
support this appeal; and
(i)
On August 19, 1992 the applicant appealed the requirement for approval of
the Uniform Sign Program by the Planning Commission and the City Council
modified it to approval by the City Planner instead; and
(J)
The trash enclosure design requirements are consistent with what has been
required of other commercial projects which have been approved in the City,
and the applicant has been provided flexibility to develop his own design for
such trash enclosures, should he so desire; and
Resolution No. 95-020
Page 3
(k)
Requirement of landscaping between the curb and the sidewalk with Phase
I of the project is consistent with what has been required of other projects
which have been approved in the City.
3. 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 concludes as follows:
(a)
That the proposed use is in accord with the General Plan, the objectives of
the Development Code and the Industrial Specific Plan, and the purposes
of the district in which the site is located.
(b)
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.
(c) That the proposed use complies with each of the applicable provisions of the
Development Code.
4. 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,
this Council finds that the application is in substantial compliance with the original approval
for which the Negative Declaration was issued.
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4
above, this Council hereby approves the modification subject to each and every condition set
forth below.
PLANNING DIVISION
1)
All conditions of approval contained in City Council
Resolution 92-240 shall still apply, except Planning
Division Conditions No. 2, 7, and 15, which are revised
as shown below:
2)
A diagram providing color locations for the mylar/canvas
canopies shall be submitted for review and approval by
the City Planner prior to issuance of building permits.
7)
A revised concept plan for the commissioned public art
and the interpretive public displays shall be reviewed by
the full Planning Commission. The revised concept plan
shall graphically depict how the Vintner's Walk,
commissioned art, and public displays will be developed
and maintained and how they will function as a whole.
Resolution No. 95-020
Page 4
Final detailed plans shall be reviewed and approved by
the City Planner prior to occupancy for either Building 5
or 6, whichever occurs first.
Installation of the Vintner's Walk hardscape and
landscaping shall be completed concurrently with Foothill
Boulevard improvements, prior to the release of
occupancy of any buildings in Phase I. Installation of the
¥intner's Walk trellises, vines, interpretive panels, and
public art shall be completed prior to the release of
occupancy of either Building 5 or 6, whichever occurs
first.
In the event permits have been issued and Phase II is
substantially under construction prior to the occupancy of
any building in Phase I, hardscape and landscaping
improvements may be deferred to be completed prior to
the release of occupancy of any building in Phase II.
Unless the applicant submits an alternate design for
Planning Commission review and approval, there shall
be provision for the following design features in the trash
enclosure to the satisfaction of the City Planner:
a) Architecturally integrated into the design of the
center.
b)
Separate pedestrian access that does not require
opening the main dooms, to include self-closing
pedestrian door.
c) Large enough to accommodate two trash bins.
d) Roll-up doors.
e) Trash bins with counter-weighted lids.
f) Architecturally treated overhead shade trellis.
g)
Chain link screen on top to prevent trash from
blowing out of enclosure and designed to be hidden
from view.
6. This Council hereby provides notice to Masi Commerce Center Partners 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.
Resolution No. 95-020
Page 5
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 Masi Commerce Center Partners at the address
identified in City records.
AYES:
NOES:
ABSENT:
ABSTAINED:
PASSED, APPROVED, AND ADOPTED this 15th day of February, 1995.
Alexander, Curatalo, Williams
Gutierrez
None
Biane
ATTEST: William J./~xander, Ma~/or
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 15th
day of February, 1995.
Executed this 16th day of February, 1995, at Rancho Cucamonga, California.
· Adams/,CMC, City Clerk