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Home My WebLink AboutReso 22-21Revised RESOLUTION NO. 22-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2022-00133, A REQUEST TO INSTALL AN 8- FOOT-HIGH WROUGHT IRON FENCE WITHIN THE REQUIRED BUILDING SETBACK, ALONG THE SOUTH PROPERTY LINE, WITHIN THE NEO-INDUSTRIAL (NI) ZONE LOCATED AT 9281 PITTSBURGH AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0229-261-12. A. Recitals. 1. Amphastar Pharmacuticals filed an application for the approval of a Variance DRC2022-00133 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 27t" day of July 2022, 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 27, 2022, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The project site consists of approximately 4.5 acres of developed land located north of 6th Street and east of Pittsburgh Avenue. The square shaped parcel has a linear dimension, from north to south, of approximately409 feet and approximately 479 feet from east to west; and b. The existing Land Use, General Plan and Zoning designations for the project site and adjacent properties are as follows: PLANNING COMMISSION RESOLUTION NO. 22-21 DRC2022-00133—AMPHASTAR PHARMACUTICALS July 27, 2022 Page 2 Land Use General Plan Zoning Site Industrial Neo-Industrial Neo-Industrial (NI) Zone Employment District Neo-Industrial North Industrial Employment District Neo-Industrial (NI) Zone South Industrial Neo-Industrial Neo-Industrial (NI) Zone Employment District Neo-Industrial East Industrial Employment District Neo-Industrial (NI) Zone West Industrial 21st Century Mixed Employment 2 (ME2) Employment District Zone C. Prior to the adoption of the updated General Plan, 6'" street was classified as a Major Arterial street. The current street designation for 6'" street is now Bicycle Corridor. Street frontage fencing/walls over 3 feet in height are subject to the applicable building setback along the street type(s) where a property is located. The current building setback for 6t" street is 45 feet. With that said, the proposed fencing cannot be placed outside the 45 foot building setback because the existing building's south exterior wall is already at the setback of 45 feet. In theory, the fence would have to be placed against the existing building and within the existing parking stalls in order to comply with this setback requirement. d. The Variance would allow the fence to be installed 25 feet within the building setback and outside of the parking setback (minimum 25 feet). Amphastar' s main campus, located at 11570 6"' Street, has existing perimeter fencing. The existing fencing complies with the building setback requirement since the main building is setback more than 45 feet from 61" street, allowing the fence to be installed without a variance. 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. Strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Code. The strict interpretation of the required building setback would create unnecessary hardship and deprive the property of providing adequate security measures and will result in the loss of required parking stalls. b. 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 zone. Amphastar is a biopharmaceutical company that is engaged in the development, manufacturing, and marketing of generic and proprietary injectable, intranasal, and inhalation products. Amphastar campus, must be tightly controlled during all aspects when made, handled stored and packaged for distribution. Therefore, security fencing would aid Amphastar in its effort to prevent access of unauthorized personnel from entering the property. PLANNING COMMISSION RESOLUTION NO. 22-21 DRC2022-00133—AMPHASTAR PHARMACUTICALS July 27, 2022 Page 3 C. 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 zone. The strict enforcement of the building setback will deprive the applicant from properly securing the property. d. The granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. Granting the Variance will be consistent with the adjacent properties in the same zone. The Variance will allow the property to have adequate perimeter fencing for security purposes. e. 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. Granting the Variance will increase safety measures and allow Amphastar to adequitly secure their property from unauthorized personnel. 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under as a Class 1 exemption under State CEQA Guidelines Section 15301—Existing Facilities. The proposed Variance will permit the installing of an 8-foot-high wrought iron fence within the required building setback. The Planning Commission has reviewed the Planning Department determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the attached standard conditions incorporated herein by this reference. The Secretary to this Commission shall certify to the adoption of this Resolution. /_1�7tilleral_1�I�7_1rtl.]ir��1r,16��rrG��L\'L�]�Ilfil�'f��iYk� PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ryan Dopp, Chairman ATTEST: Matt ew R. Burris, AICP, LEED AP, Secretary PLANNING COMMISSION RESOLUTION NO. 22-21 DRC2022-00133— AMPHASTAR PHARMACUTICALS July 27, 2022 Page 4 I, Matthew R. Burris, AICP, LEED AP, Secretary of the Planning Commission for 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 27'" day of July 2022, by the following vote -to -wit: AYES: COMMISSIONERS: DOPP, WILLIAMS, MORALES, BOLING, DANIELS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: RECUSE: COMMISSIONERS: