HomeMy WebLinkAbout90-019 - Resolutions RESOLUTION NO. 90-019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DENYING AN APPEAL OF A PLANNING
COMMISSION DECISION TO DENY A REQUEST TO MODIFY A
CONDITION OF APPROVAL FOR DEVELOPMENT REVIEW 88-32
REQUIRING SURETY FOR THE REMOVAL OF THE EXISTING
DETENTION BAS IN AND CONSTRUCTION OF A STORM DRAIN
FACILITY FOR AN INDUSTRIAL DEVELOPMENT ON 1.55 ACRES OF
LAND LOCATED AT THE SOUTHERN TERMINUS OF HYSSOP DRIVE AND
NORTH OF 4TH STREET
A. Recital s.
(i) An application has been submitted to the City of Rancho
Cucamonga by John Nelson (hereinafter "applicant") for a Development Review
for the development of an industrial building totaling 28,367 square feet on
1.55 acres of land on the east side of the southern terminus of Hyssop Drive,
north of 4th Street, hereinafter referred to as "the application."
(ii) On January 11, 1989, the City Planner conditionally approved
Development Review No. 88-32 requiring surety for the removal of an existing
detention basin and construction of a storm drain facility.
(iii) On October 23, 1989, the applicant requested a modification to
this condition of approval to prorate the costs among the eight properties
within Landscape Maintenance District No. 3.
(iv) On November 29, 1989, the Planning Commission heard the
modification request and concluded said hearing on that date with a Resolution
of Denial No. 89-150.
(v) The Planning Commission's action was timely appealed to this
Council on November 30, 1989.
(vi) On January 3, 1990, the City Council of the City of Rancho
Cucamonga conducted a hearing on the subject matter of the appeal and on said
date concluded the public hearing.
(vii) All legal prerequisites to the adoption of this Resolution
have occurred.
B. Resolution.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does
hereby find, determine and resolve as follows:
1. This Council hereby specifically finds that all 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 meeting on January 3, 1990, including written and oral
staff reports, this Council hereby specifically finds as follows:
Resolution No. 90-019
Pa ge 2
(a) The application applies to property located at the southern
terminus of Hyssop Drive with a street frontage of ±132 feet and lot depth of
~227 feet and is presently vacant; and
(b) The property to the north of the subject site is vacant,
the property to the south of that site consists of the City of Ontario, the
property to the east is Day Creek Channel and the property to the west is the
1-15 (Devore) Freeway; and
(c) The applicant had full knowledge and disclosure of the
recommended condition prior to the City Planner's approval of the application;
and
(d) The applicant made no attempt to timely appeal the
condition following the City Planner's approval.
3. Based upon substantial evidence presented to this Council during
the above-referenced meeting and upon the specific findings of facts set forth
in paragraphs I and 2 above, this Council hereby finds and concludes as
follows:
(a) That the modification of the condition for removal of the
detention basin would not be consistent with City policy; and
(b) That the modification of the condition for removal of the
detention basin would not be consistent with the objectives of the General
Plan; and
(c) That the condition for removal of the detention basin is
not unreasonable nor inequitably applied to properties within Landscape
Maintenance District No. 3.
4. Based upon the findings and conclusions set forth in paragraphs
1, 2, and 3 above, this Council hereby denies the application.
5. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, and ADOPTED this 3rd day of January, 1990.
AYES: Alexander, Buquet, Brown, Stout, Wright
NOES: None
ABSENT: None
Dennis L. Stout, Mayor
Resolution No. 90-019
Pa ge 3
ATTEST:
lD~bra J. Adair,, City Clerk
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 3rd day of
January, 1990.
Executed this 4th day of January, 1990 at Rancho Cucamonga,
California.
D'ebra J. Ad~,'City Clerk