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HomeMy WebLinkAbout88-174A - Resolutions RESOLUTION NO. 88-174A A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION APPROVING VARIANCE NO. 88-09 TO REDUCE THE REQUIRED PARKING SETBACK ALONG FOOTHILL BOULEVARD FROM 50 FEET TO 40 FEET AND ALONG VINEYARD AVENUE FROM 50 FEET TO 43 FEET FOR A RETAIL CENTER AND SERVICE STATION IN THE COMMUNITY COMMERCIAL DISTRICT, LOCATED AT THE SOUTHEAST CORNER OF FOOTHILL BOULEVARD AND VINEYARD AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-192-06. A. Recitals. (i ) On September 14, 1988, the Planning Commission adopted its Resolution No. 88-174, thereby approving, subject to specified conditions, a variance to reduce the required parking setback along Foothill Boulevard from 50 feet to 40 and along the south property line from 15 feet to 5 feet for a retail center and service station in the Community Commercial District (Subarea 2) of the Foothill Boulevard Specific Plan. (ii ) The Planning Commission'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 hearing on the application and continued that hearing to December 7, 1988 and referred the revised site plans to this Commission for review to address the appelant's concerns. (iv) On November 30, 1988, 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. (v) All legal prerequisites 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 substantial evidence presented to this Commission during the above-referenced public hearing on November 30, 1988, 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 Foothill Boulevard and Vineyard Avenue with a width of 151 feet and a depth of 183 feet and is presently undeveloped; and PLANNING COMMISSION RESOLUTION NO. 88-174A VA88-09 - Wheeler & Wheeler November 30, 1988 Page 2 (b) The property to the north and east is designated for commercial uses and is developed with commercial buildings. The property to the west is designated for commercial uses and is vacant. The property to the south is designated for residential uses and is developed with condominiums. (c) Due to the small size of the parcel with the limited 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 Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraph 1 and 2 above, this Commission hereby finds and concludes as follows: (a) That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty 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 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 paragraph 1, 2 and 3 above, this Commission hereby approves the application. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 88-174A VA88-09 - Wheeler & Wheeler November 30, 1988 Page 3 APPROVED AND ADOPTED THIS 30TH DAY OF NOVEMBER, 1988. PLANNING COMMISSIOON OF THE CITY OF RANCHO CUCAMONGA BY: / / ch C'4. r_ F 'c`�r airm, o ATTEST: ` �.�rile :ra't1T1 - , &Wary I, : ad 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 30th day of November 1988, by the following vote-to-wit: AYES: COMMISSIONERS: BLAKESLEY, CHITIEA, EMERICK, MCNIEL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE