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HomeMy WebLinkAbout89-316 - Resolutions RESOLUTION NO~ 89Z316 A RESOLUTION OF THE CITY COUNCIL OF THE CITY O~ RANCHO CUCAMONGA, CALIFORNIA, DENYING VARIANCE NO.' 89-04 TO REDUCE THE PARKING SETBACK FROM 25 FEET TO 8 FEET'AND REDUCE THE LANDSCAPE SETBACK FROM 35 FEET TO 8 FEET FOR 12 ACRES OF LAND LOCATED ON ~THE SOUTH SIDE OF JERSEY BOULEVARD BETWEEN UTICA A~D VINCENT AVENUES IN THE MINIMUM IMPACT/HEAVY INDUSTRIAL DISTRICT (SUBAREA 9), AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-143-07, 08, 09 AJ Recitalsj " .(i) ~Commercial Carriers has filed an application for the issuance of th~ Variance No. 89-~4 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Var{ance request'is rq~e6red to as "the application". (ii) On April 26j. 1989, thq Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearin~ on th~ application and continued said hearing to May 10, 1989. (iii) On Play 10, 1989,'. the Planning 'Comm!ssion denied the application on the basis that the required findings ¢ou'ld not be made. (iv) The Planning ~ommiss~6~is denial Wa's a~pealed to the City Council and on June 21, 1989, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application~ (v) All legal.prerequisites 'to the adoptipn of thisI R~sol. ution have occurred. B. Resolution. NOW, THEREFORE, the City Council of the City ~f Ra6cho Cocan~ng~ does hereby find, deteKmine and resolye as follows:. 1. This Council hereby specifically finds ~hat all of the ~ac~s set forth in the Recitals, Part A, of this Resolution are true 'and correct. 2J Based upon substantial, evidence presented to this Council during the above-referenced public, hear~ing on Juge 21, 1989, in~ludihg written and oral staff reports, together .with public testimony, this Council hereby specifically finds as follows: (a) The application a~plies 'to 'property located at 10807 Jersey Boulevard with a street frontage of 814 feet and an average lot depth of 673 feet and is presently improved with an office, warehouse, and parking lot; and Resolution No. 89-316 Page 2 (b) The property to the north of the subject site is multi- tenant industrial,, the property to the south of that site consists of a warehouse, the property to the east is vac~ant, and the property to the west is a warehouse; and (c) The 'application appliiies to a site that is currently improved with an office building, warehouse building and. parking lot and is considered a legal non-conforming lot; and (d) Munic'ipal Code. Section 17JO6.020B authorizes the City Planner to impose reasonable conditions upon a Minor Development Review permit approval, including requirements for landscaping, street improvements, regulation of vehicular ingress, egress and traffic circulation, establishment of development schedules or time limits for performance or cqmpletiog; and '(el. Municipal Code Section 17.06.020A states that the purpose and intent of .the Minor Development Review permit"process is to assure, that such limited projects comply with all applicable City Standards and Ordinances; and (fl · The site plan submitted in conjuncti6n with the applicationj does not meet the Industrial Specific Plan standard .of a 35-foot average landscape setback and-minimum 25-foot parking setback, as measured from the ultimate face of curb. Further, the site plan and existing chain link fence improvements do not meet the Industrial Specific Plan standards for screening outdoor storage of.vehicles within 120 feet of a street, frontage with masonry, concrete or other similar materials; and (gl The site currently is~qmproved with four driveways within 820 feet of street frontage. The City's access policy for' arterial streets specifies that driveways on the same side of a street be .spaced 300 feet apart. Therefore,- only two driveways would be allowed on this site. Further, driveways should align with driveways on the opposite side of the street or by off-setting a safe distance to avoid conflicting left-turn movements. The City's access policy also requires the access be located_~ minimqm 100 feet from intersections. 3. Based upon the substantial,ev.idence 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 strict or literal interpretation -and -" enforcement of the specified regulation would not " result in practical difficulty or unnecessary physical hardship inconsistent with. the objectives of the ~evelopment Code. Resolu.tion NoJ 89-316 . Page 3 ~(b)-That there are not -exceptional or extraordinary circumstances or conditions applicable to the property involved~or to the intended use of the - propert.i.es in the same district. ~.. (c) That strict or literal interpretation and enforcement of the specified regulation would not deprive the applicant of privileges enjoyed by the owners of other properties in the same district. (d) That the granting of the Variance would constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. (e) That the granting of the Variance would be detrimental to 'the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby denies the application subject to each and every condition set forth below. 5. The Secretary to this Council shall certify to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED this 19th day of July 1989. AYES: Brown, Stout, Wright NOES: A1 exander ABSENT: Buquet ~ _~/ ~ Dennis L. Stout, Mayor ATTEST: -Resolution No~ 89-316 .Page 4 I~ DEBRA J~ ADAMS~ CITY CLERKiof the City of Rancho Cucamonga~ California, do hereby certify that .the fore9oing Resolution was duly passed, approved, and. adopted by the Ci~ty Council of the City of Rancho Cucamonga, California, at a regular mee.t.ing .of said ~ity Counci.1 held on the 19th day of July, 1989. .Executed this 20th day ~f ~tul~, 1.989 at Rancho ducamonga, California. · ~)e.bfa J. A~ams, City Clerk