HomeMy WebLinkAbout98-054 - ResolutionsRESOLUTION NO. 98-054
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE
PLANNING COMMISSlON'S DECISION IN DENYING AREQUEST
TO HAVE CORPORATE DESIGN (PALAPAS) OUTDOOR PATIO
UMBRELLAS FOR A 2,200 SQUARE FOOT RESTAURANT IN A
MULTI-TENANT PAD BUILDING, LOCATED ON THE NORTH
SIDE OF FOOTHILL BOULEVARD, EAST OF ASPEN DRIVE AND
WEST OF MONTGOMERY WARDS - APN: 0177-421-76, AND
MAKING FINDINGS IN SUPPORT THEREOF.
RECITALS.
1. Rubio's Restaurant, Inc. has filed a request to use palapas umbrellas as
described in the title of this Resolution. Hereinafter in this Resolution, the subject
request is referred to as the "application."
2. On January 14, 1998, the Planning Commission of the City of Rancho
Cucamonga conducted a hearing on the application and, following the conclusion
of said hearing, denied the application by minute action.
3. The decision represented by said Planning Commission's action was timely
appealed to this Council.
4. On March 18, 1998, the City Council of Rancho Cucamonga conducted a duly
noticed hearing on the application and concluded said hearing on that date.
5. 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 March 18, 1998, hearing, including written staff reports, and the minutes
of the above-referenced Planning Commission meeting, this Council hereby
specifically finds and concludes as follows:
(a) The application applies to property located within Terra Vista
Town Center.
(b) A condition of approval for Terra Vista Town Center was to
establish a uniform design of street furniture.
(c) The City has approved a set of uniform design of street
furniture that included patio tables, chairs, umbrellas, planter
pots, waste containers, etc., in January of 1989.
Resolution No.98-054
Page 2
(d) The Planning Commission determined that the use of
palapas umbrellas, a corporate design, will set a precedent for
the entire City in that other businesses may begin to use their
own design which could include multi-colors, patterns and with
advertisements.
3, The City Council of the City of Rancho Cucamonga hereby upholds the Planning
Commission's decision and denies the application.
4. This Council hereby provides notice to RubJo's Restaurant, Inc. 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.
5. 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 Rubio's Baja Grill
at the address identified in City records.
PASSED, APPROVED, AND ADOPTED this 18th day of March, 1998.
AYES: Alexander, Biane, Curatalo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Debra J. AdadR~, CMC, 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 18th day of March, 1998.
Executed this 19th day of March, 199,,8, at/R~ncho Cucamonga, California.
' Debra J. Adarrl,s.r-CMC, ' y