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HomeMy WebLinkAbout99-68 - Resolutions RESOLUTION NO. 99_68 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE NO. 99-02 TO DEVIATE FROM THE MINIMUM NUMBER OF PARKING SPACES AND TO REDUCE THE LANDSCAPE SETBACK ALONG CARNELIAN AND 19TH STREETS, LOCATED AT THE SOUTHEAST CORNER OF CARNELIAN AND19TH STREETS IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 202-541-60. A. Recitals. 1. Evergreen Devco, Inc. has filed an application for the issuance of Variance No. 99-02 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 14 day of July 1999,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 July 14, 1999, 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 southeast corner of Carnelian and 19th Streets with a street frontage of 169.35 feet and feet and lot depth of 241 feet and is presently improved with a 5,000 square foot building; and b. The properties to the north and west of the subject site are improved with a commercial center, the properties to the south and east consist of a shopping center; and 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: Landscaping: a. Finding: 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. Fact: The literal interpretation of the landscape regulations would result in a practical hardship inconsistent with the objectives of the Development Code. The project generally meets landscaping regulations; however, because of the required additional street dedication, the landscape setback along Carnelian and 19th Streets is further reduced. PLANNING COMMISSION RESOLUTION NO. 99-68 VAR 99-02 - EVERGREEN DEVCO, INC. July 14, 1999 Page 2 b. Finding: 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. Fact: The property is located within an existing shopping center and acquisition of additional property is not possible. Furthermore, other properties in the immediate vicinity have not been required to dedicate additional land for a bus turn bay in addition to the typical street dedication to accommodate a right turn lane. c. Finding: 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. Fact: The literal interpretation of this regulation would deprive the property owner from developing the property with an economically successful commercial building. d. Finding: 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. Fact: The granting of the Variance will not grant special privilege as no other property in the immediate vicinity has been required to dedicate that much property on two sides of the property. e. Finding: 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. Fact: The granting of the Variance will not be injurious to other properties in the vicinity. The project will be required to comply, except for the Variance request, with all other development regulations including all building and fire division regulations. Parking: a. Finding: 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. Fact: The literal interpretation of the parking regulations would result in a practical hardship inconsistent with the objectives of the Development Code. Based on the operational characteristics of the pharmacy, the reduction of 4 parking spaces would not adversely impact the adjoining businesses. b. Finding: 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. Fact: The pharmacy is located within an existing shopping center and acquisition of additional property to provide the extra parking spaces is not possible. c. Finding: 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. PLANNING COMMISSION RESOLUTION NO. 99-68 VAR 99-02 - EVERGREEN DEVCO, INC. July 14, 1999 Page 3 Fact: The purpose of this regulation is to ensure that an adequate number of parking spaces is provided to accommodate the use. Based on the operational characteristics of the use, the developer would be able to operate the pharmacy use similarly to other uses within the shopping center. d. Finding: 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. Fact: The granting of the Variance will not grant special privilege as no other property in the immediate vicinity has a basement/storage with similar operating characteristics. e. Finding: 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. Fact: In order to ensure that the reduction in the number of parking spaces is not adversely injurious to other properties, staff is recommending as a condition of approval and as a mitigation measure that the basement be used only for storage at all times. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the application subject to each and every condition set forth below. 1) All pertinent conditions contained in the Resolution of Approval for Conditional Use Permit 99-10 shall apply. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JULY 1999. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Abt L_ 4i Lar McNiel, Chairman ATTEST: � Brad :'!"ter, Secre it 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 by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of July 1999, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE