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HomeMy WebLinkAbout91-184 - Resolutions RESOLUI~ONNO. 91-184 A RESOLUTION OF THE CITY OOUN~ OF THE CITY OF RANCHO ~, CAT .TI~ORNIA, UPHOLDING THE PLANNING ~SSION'S D~CISION TO ~ PAYM~ OF AN IN-LI~3 FEE FOR IANDSCAPING ~ THE 1-15 (ONTARIO) ~Y RIGHT-OF-WAY, FOR DEVELO~ REVIEW 89-18, ~ AT 9037 C~ART.~Iq S~4ITH AVI~RIE IN THE Gt~ERAL INDUSTRIAL DISTRICT (SUBAREA 13) OF THE INDUSTRIAL AREA SPECIFIC A. Recitals. (i) John Dalrymple has filed an application for the approval of Development Review No. 89-18 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." (ii) On the 27th day of March, 1991, the Planning Conmtission of the City of Rancho Cucamonga granted a mitigated Negative Declaration for the application. (iii) On the 10th day of April, 1991, the City Planner granted conditional approval of the application. (iv) The decision of the City Planner w-ds timely appealed to the Planning Co~,~,~ssion on April 19, 1991. (v) On the 22nd day of May, 1991, the Planning C~-~x,~ssion of the City of Rancho Cucamonga conducted a duly noticed public hearing on the appeal and adopted its Resolution No. 91-49 which denied the request to delete the condition requiring payment of an in-lieu fee for landscapir~ within the 1-15 (Ontario) Freeway right-of-way. (vi) The Planning C~mt,~ssion's action w~s timely appealed to this Council on May 31, 1991. (vii) The City Council heard the applicant's appeal at its July 3, 1991, meeting and concluded said meeting on that date. (viii) Ail legal prerequisites prior 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 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 meeting on July 3, 1991, including written and oral staff reports, this Council hereby specifically finds as follows: Resolution No. 91-184 Page 2 (a) The application applies to property located at 9037 f~k%rles Smith Avenue with a street frontage of 300 feet and lot depth of approximately 200 feet and is presently vacant; and (b) The property ban a frontage of 301 feet along the 1-15 (Ontario) Freeway to the east; and (c) The property to the north and south of the subject site is vacant fields, the property to the east is 1-15 (Ontario) Freeway, and the property to the west is v~cant. (d) New development along the 1-15 (Ontario) ~y corridor has been conditioned to install landscaping or pay in-lieu fees; and (e) The current policy applies universally to all properties which adjoin the freeway right-of-way. (f) The applicant had full knowledge and disclosure of the rec~mL~nded condition prior to the City Planner's approval of the application. 3. Based upon the substantial evidence presented to this (k~ncil during the above-refer~ meeting 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 deletion of the condition for landscaping would not be consistent with City policy; and (b) That the deletion of the condition for landscaping would not be consistent with the objectives of the General Plan; and (c) The granting of the appeal would not be consistent with the City's goal of providing needed screening and aesthetic i~prov~ment along the 1-15 (Ontario) Freeway; and (d) 'That the condition for payment to install the landscaping is not unreasonable nor inequit~Dly applied to properties which abut the 1-15 (Ontario) Freeway. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby u~holds the Planning C~,~ssion's approval of Development Review 89-18 subject to those conditions contained in Planning C~m~,~ssion Resolution No. 91-49. 5. ~ Council hereby provides notice to Jc~n Dalrymple that the time within which judicial review of the decision re~resented by this Resolution must be sought is governed by the provisions of California Code of Civil ~ Section 1094.6. Resolution No. 91-184 Page 3 6. ~ne 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 John Dalrymple at the address identified in city records. PASS~D, APPROVED, and ADOPTED this 3rd day of July, 1991. AYES: Alexander, Buquet, Stout, Williams, Wright NOES: None ABS~T: None ~ Dennis L. Stout, Mayor ~e~a ~.-~am~, City Clerk I, DFRRA J. ADAMS, CITY c~.FRK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Pmsolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a rec3ular meeting of said City Council held on the 3rd day of July, 1991. Executed this 5th day of July, 1991 at Rancho Cucamonga, California.