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Home My WebLink About89-340 - Resolutions RESOLUTION NO~ 89Z340 A' RESOLUTIO'N OF ~HE C~TY COUNCI~ OF THE CItY OF' RANCHO CUCAMO~NG.A, CALIFORBIA, UPHOLDING IN ~PART THE PLANN.ING. COMMISSION'S DECISION TO MODIFY A CONDITION OF APPROV&L REQUII)!~G PAYMENT OF AN IN-LIEU ,~EE'FOR,.LA_NDSCAPING . WITHIN THE 1-15 (DEVORE) FREEWAY RIGHT-OF-WAY, FOR THE DEVELOPMENT OF AN INDUSTRIAJ- BUILDING ON 1.55 ACRES OF .LAND I~N_THE GENERAL INDUSTRIAL DISTRICT (SUBAREA 14) kOCAI~ED ON H~S~SOP'~RIyE~ AND NORTH OF 4TH STREET A. ,Recitals. cucamo~ga(~)' A~' appli~ati'~ has been submitted' to the ~ity of Rancho by John Nelson'(hereinafter "applicant"). fo~ a Development Review for the development of an industrial building totaling 28,367 square feet on 1.55 acres o~'.land._on 'the east side of Hyssop Drive, north of 4th Street, hereinafter referred ~o. as "the application" (~) .On January. I1, 198~, the. City Planner c.onditionally approved Development Review No. 88-32 requiring payment of an inrlieu.'.fee, for landscaping along the freeway right-of-way prior to the issuance of any building pe. rmits ...... ~- . .(iii)' 'On May ~', 1989, the appli6a~t ~eques~ed.a modification ~to del6te this condition of approval for reasons "of economic hardship". (iv) ~'On June 1, 1989, th~ Ci~y. Plapner d~nied~%h9 r~quest to delete t~'s condition as inconsistent with Planning Commission Resolution No. 87-185. (v)~ T~e di'ty'P~a~er'.~ d.eni~l was ti~l~ appealed to the. plann.ing Commission on June 4, 1989. (vi) '. On~.June .14~ -1989, the Pl~pning Commission conducted a.duly .noticed public hearin~ on the _appeal .and c.oncluded said:hearing o.n that date .with a mo.tion to d!rec~ the City Rlanne~.to.modify~he'~ondition of~approval to .clari. fy~the limit, s of landscaping a~d .the relationship'to the r~moval o.f a retention basin. · .(vi,i).. On .June 19,. 1989, the City, Planner modified the ~ondition as ~'irec.t~d bY. the~ommission . ..... "(~iii) The ~la~ning Commission's action was timely a~pealed Council on June 21, 1989. '(ix) 'The City Council ~eard,th~ Applica.n%.~ a~peal at.its July. 19, 1989 meeting and continued said hearing to August 16, 1989. B. R6~olu~ion. '' .. : NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine and resolve as follows: Resolution No~ 89-340 Page 2 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 meeti, ngs on July 19,, 1989 and August 16~ 1989, including written and.~oral ~staff, repor-ts, -thqs Cou',ncil. h~reby,.specif.ically finds as follows: : ...... · '(a) , The'application appl. ies,, to -property-located at.-the end 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 subjec_t, site.sis vacan.t~ the property to the south of that site consists of the City of On, tario, the property to the east is D~y Creek Channel and th~ property to the west is the 1-15~ (Devore) Freeway; and (c) New.development along the I-..15.-(Devore),Freeway corrid6r has been conditioned to install landscaping' or pay in-l.ieu, fees; and ,. (d) The current-policy applies universally to all'properties which adjoin, the freeway right.of-way. , (e) The site is unique with respect to the. ratio of freeway frontage to the size of building because of the unusual elongat,ed sl~ape of the property,and the fact that the property abuts a northbound on and off ramp. (f) The applicant had full knowledge and disclos.ure of the recommended condition prior to .the .City Planner's approval, of the application. (g) The applicant made no attempt to timely· appeal the condition, following the City Planner's approval. (h) The City Planner. at the. _request of ,the Planning Commission, has modified, the condition for freeway -landscaping, thereby reducing the 1landscaped area from approximately-eight acres to .one and one- half acres and. that paymenl~ of approximately, half-of the.one and one-half acres has been deferred until ,.completion of the applicant'-s .two-phased project ....... · , 3. Based upomsubstantial evidenc~ presented to this'Codicil during the above-referenced meeting and upon the specific, findings of facts 'set: forth in paragraphs 1 and 2 above, this Council hereby finds a.nd cqncludes as follows: ,, .: , (a) That the deletion of the condition for landscaping would not be consistent with. C~y policy; and i .,~ .,. (b} That the deletion of the condition for landscaping would not be consistent with the objectives of th~ General Plan,;_and ~ . = . Resolution No. 89-340 Page 3 (c) The granting of the appeal would not be consistent with the City's goal of providing needed screening and aesthetic improvement along the 1-15 (Devore) Freeway; and (d) That the condition for payment to install the landscaping is not unreasonable nor inequitably applied to properties which abut the 1-15 (Devore) Freeway; and 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby upholds, in part, the Planning Commission's decision to modify' Development Review 88-32 by revi'sing Engineering Division Cofidition No. 5 of the project approval as follows: (a) All conditions of approval in the approval lette'r dated January 11, 1989, approving Development Review 88-32 shall apply, except Engineering Division ConditiOn No. 5 which shall be modified to read as follows: The freeway right-of-way adjacent to the project shall be landscaped in accordance with a master plan for the entire segment of freeway within the City as approved by CalTrans, the City Planner, and City Engineer. However, if CalTrans will not allow the incremental construction of this freeway landscaping with this project, a cash payment in-lieu of construction as a contribution to a future comprehensive project shall be made to the City prior to the issuance building permits. The developer's responsibility shall be limited to the area east of the east edge of the northbound freeway on-ramp. A portion of the cash payment, proportional to the amount of area within the site occupied by the retention basin compared to the total site area, may be deferred until the filling and development of the retention basin area (including, but not limited to construction of any structures, parking facilities, or storage area). 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED this 16th day of August, 1989. AYES: Alexander, Brown, Stout, Wright NOES: None ABSENT: Buquet D~nnis [~ Stout,-Ma~r Resolution No~ 89Z340 Page 4 ATTEST: ~ebra J~.~/Adams, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby qertify 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 16th day of August, 1989. Executed this 17th day of August, ~989 at Rancho Cucamonga, Cali forn i a. ~Debra J.~^dams, City Clerk