HomeMy WebLinkAbout89-015 - Resolutions RESOLIll~0NNO. 89-015
A RESOLLFI~ON OF THE CiTY ODL~CIL OF THE cA'l'g OF PANC~O
~, CALIFORNIA, APPROVING VAR/ANCE NO. 88-09 TO
FRC~ 50 P'~l' TO 40 ~'~r AND ALONG VINEYARD AV~NVJE FRC~ 50
P'~:".T TO 43 ~',:,.'r FOR A REPJkIL C~vr~ A~) S~qVICE STATION IN
THE OC~9~UN±'rf ~ DI~i~ICT (SUBAREA 2) OF THE
O0~Nt~ OF FOOTH~,L BOULEVARD AND VINEYARD AV~qUE, AR~ MAKING
A. l~citals.
(i) On September 14, 1988, the Planning C~L~dssion adopted its
Resolution No. 88-174, thereby approving, subject to specified oonditions, a
variance to reduce the recruited parking setback along Foothill Boulevard frc~ 50
feet to 40 feet and along the south ~ 1/ne frc~ 15 feet to 5 feet for a
retail center and service station in the C~L~ulity C~m~ercial District (Sttbarea
2) of the Foothill Boulevard Specific Plan.
(ii) The Planning C~,.~ssicn's approval of the application was timely
appealed by adjoining residents to the City Council.
(iii) On November 2, 1988, the City Council conducted a duly noticed
public b~ring on the application ~ continued that hear/ng to Dec~mber 7, 1988
and referred the revised site plans to the Planning C~Lm~ssion for review to
address the appellant's concerns.
(iv) On November 30, 1988, the Plann/ng Oa,uLdssion conducted a duly
noticed public hearing on the application. After concluding said hearing, the
Planning C~m.~seion adopted its Resolution No. 88-174A, modifying the original
approval to address tb~ concerns of the appellants.
(v) The original appeal was subsequently withdrawn by the adjacent
residents.
(vi) The modification to the Variance was, however, appealed by the
lease holders of the Red Hill Liquor Store with/n the time limits prescribed by
city Ordinan~.
(vii) on January 18, 1989, the City Council oonducted a duly noticed
public hearing and concluded said hearing on that date.
B. Resolution.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does
hereby fine, determine and resolve as follows:
P~solution No. 89-015
Page 2
1. ~nis ~ouncil specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution
2. Based upon substantial evidence presented to this
C~uncil during the above-referenced public hearing on
Jar~,a~y 18, 1989, including written and oral staff
reports, together with public testimony, this Council
specifically finds as follows:
(a) ~he application applies to property located at the
scuth~t oorner of Foothill Boulevard and
Vineyard Avenue with a width of 151 feet and a
depth of 183 feet and is presently undeveloped;
(b) Tne property to the north and ~t is designa~
for c~l~rcial uses and is developed with
c~m~rcial buildings. ~ne property to the west is
designated for co~arcial uses and is vacant. ~ne
property to the south is designated for
residential uses and is developed with
(c) Due to the s~all size of the parcel with the
limlt~d points of access, it is essential to
provide adequate buffering between the proposed
retail and service station uses and the
residential use to the south. In order to achieve
the desired buffering, the parking is aligned in
such a manner that it results in an encroachment
into the Vineyard Avenue setback.
3. Based upon the substantial evidence presented to this
Council during the above-referenced public hearing and
upon the specific findings of facts set forth in
paragraph 1 and 2 above, this Council finds and
concludes as follows:
(a) That strict or literal interpretation and
enforcement of the specified regulation would
result in practical difficu/ty or unnecessary
physical hardship inconsistent with the objectives
of the Development code and the Foothill Boulevard
Specific Plan.
(b) That there are exceptional or extraordinary
Resolution No. 89-015
Page 3
(b) ~nat there ere exceptional ~r extraordinary
c~ er conditions applicable to the
property involved or to the intended use of the
pro~ that do not apply generally to other
(c) That strict er literal interpretation and
enforcement of the specified regulation would
deprive tb~ applicant of privileges enjoyed by the
owners of other properties in the same district.
(d) That tb~ granting of the Variance will not
constitute a grant of special privilege
inconsistent with the limitations ~n other
properties classified in the same d~mtrict.
(e) ~nat the granting of the Variance will not be
detrimental to the public health, safety or
welfare, or materially injurious to properties or
imp~ts in the vicinity.
4. Based upon the findings and conclusions set forth in
parawz~ph 1, 2 and 3 above, this Council approves the
application.
PASSFn, APPROVED, and ADOFI'~3 this 18th day of January, 1989.
AYES: Alexander, Brown, Bu~_et, Stout, Wright
NOES: None
Dennis L. Stout, Mayor
Beverly ~. Authelet, City Clerk
Resolution No. 89-015
Page 4
I, BEVflRLY A. AI/174~.k~, el'it{ CLERK of the City of Rancho Cucamonga,!
Califc~nia, do hereby certify 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 18th day of
Ja~ ,~y, 1989.
Execut~ this 19th day of JaD~y, 1989 at Rancho Cuca~onga, California.
Beverly ~. Authelet, City Clerk