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HomeMy WebLinkAbout00-138 - Resolutions RESOLUTION NO. 00-138 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE 00-02 TO REDUCE THE REQUIRED PARKING SETBACK FROM 35 FEETTO25 FEET ALONG ETIWANDA AVENUE TO ACCOMMODATE A SERVICE STATION WITH FAST FOOD AND SELF SERVE CAR WASH ON 2 ACRES OF LAND IN THE COMMUNITY COMMERCIAL DISTRICT OF THE FOOTHILL BOULEVARD SPECIFIC PLAN (SUBAREA 4), LOCATED AT THE NORTHEAST CORNER OF ETIWANDA AVENUE AND FOOTHILL BOULEVARD —APN: 1100-161-002. A. Recitals. 1. Barry Vantiger filed an application for the issuance of Variance 00-02,as described in the title of this Resolution. Hereinafter in this Resolution,the subject Variance request is referred to as "the application." 2. On the 13th day of December 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. 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 Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission 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 the substantial evidence presented to this Commission during the above- referenced public hearing on December 13, 2000, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at the northeast corner of Foothill Boulevard and Etiwanda Avenue with a street frontage of 200 feet on Foothill Boulevard and 420 feet on Etiwanda Avenue and is presently vacant; and b. The property to the north of the subject site is developed with a single-family home; the property to the south consists of vacant land and the Foothill Marketplace Shopping Center to the southeast;the property to the east is developed with a single-family home and vacant land; and the property to the west is vacant and developed with various scattered structures; and PLANNING COMMISSION RESOLUTION NO. 00-138 VAR 00-02 -VANTIGER December 13, 2000 Page 2 C. The site was previously occupied by the Pearson Filling Station and Garage, Historic Point of Interest that has been demolished, and for which a commemorative plaque will be provided for by the developer; and d. The application was filed in conjunction with a request for Conditional Use Permit 99-50 to develop a service station/drive-thru restaurant and car wash; and e. The reduction in the parking setback along Etiwanda Avenue is necessary to accommodate a City requirement to construct a right-turn/deceleration lane into the site. Without this requirement, the project would meet the 35-foot parking setback; and f. The reduction is the parking setback is visually mitigated though the creative use of landscaped berms, which will conceal the parking area; and g. Absolute conformance with the 35-foot setback would unduly limit land area available for developing a reasonably sized pump island, necessary parking,and landscaping; and h. Similar variances have been granted for setbacks off major streets where right- turn/deceleration lanes have been required. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That strict or literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code. b. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district. C. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. d. That the granting of the Variance will not 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 will not 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 Commission hereby approves the application subject to the following condition: a. A combination of shrub row and berms shall be provided along Etiwanda Avenue to screen parking areas from public view. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 00-138 VAR 00-02 -VANTIGER December 13, 2000 Page 3 APPROVED AND ADOPTED THIS 13TH DAY OF DECEMBER 2000. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Laity T. i I, Chairman ATTEST: Brad Bu er cretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed,and adopted bythe Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 13th day of December 2000 by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE