HomeMy WebLinkAbout88-182 - Resolutions RESOLUTION NO. 88-182
A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION
DENYING VARIANCE NO. 88-14 A REQUEST FOR VARIANCES TO
ELIMINATE THE 3 FOOT LANDSCAPE PLANTER ALONG THE SIDES
AND REAR AND TO ELIMINATE THE OVERHEAD TRELLIS OR ARBOR
FOR A RECYCLING FACILITY LOCATED AT 9750 NINETEENTH
STREET IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, AND
MAKING FINDINGS IN SUPPORT THEREOF - APN: 202-171-56.
A. Recitals.
(i ) 20/20 Recycle Centers has filed an application for the issuance
of the Variance No. 88-14 as described in the title of this Resolution.
Hereinafter in this Resolution, the subject Variance request is referred to as
"the application".
(ii ) On September 14, 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.
(iii ) 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 September 14, 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 9750
Nineteenth Street for an irregularly shaped parcel with a street frontage of
80 feet and lot depth of 530 feet and is presently improved with a shopping
center; and
(b) The property to the north of the subject site is vacant,
the property to the south of that site consists of single family residential ,
the property to the east is an apartment complex, and the property to the west
is condominiums; and
(c) The application has been submitted to allow the
elimination of a 3 foot landscape planter along the sides and rear of a
recycling facility, contrary to the requirements of Section 17.04.080 of the
City of Rancho Cucamonga Development Code; and
PLANNING COMMISSION RESOLUTION NO. 88-182
VA 88-14 - 20/20 Recycle Centers
September 14, 1988
Page 2
(d) The application has been submitted to allow the
elimination of an overhead trellis or arbor for a recycling facility, contrary
to the requirements of Section 17.04.080 of the City of Rancho Cucamonga
Development Code.
(e) The variance as specified in the application would
contradict the objectives of the Rancho Cucamonga Development code for the
following reasons:
(i ) The intent is to have a recycling
facility that is designed in a manner
that is consistent with the
architecture and site plan of the
associated commercial use; and
(ii ) That the facility be designed with a
related permanent enclosure or
screening; and
(iii ) That the recycling facility shall be
designed to include safety provisions
for separating pedestrian and vehicular
traffic; and
(iv) That the requested variance application
would not meet the intent of Section
17.04.080 of the City of Rancho
Cucamonga Development Code.
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 not
result in practical difficulty or unnecessary
physical hardship inconsistent with the objectives
of the Development Code.
(b) That there are not 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 not
deprive the applicant of privileges enjoyed by the
owners of other properties in the same district.
PLANNING COMMISSION RESOLUTION NO. 88-182
VA 88-14 - 20/20 Recycle Centers
September 14, 1988
Page 3
(d) That the granting of the Variance will 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 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 denies the application.
5. The Secretary to this Commission shall certify to the adoption
of this Resolution.
APPROVED AND ADOPTED THIS 14TH DAY OF SEPTEMBER, 1988.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
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BY: Ad /LAA. I S.
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ATTEST: ;#11; (411142
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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 September, 1988, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: