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HomeMy WebLinkAbout89-66 - Resolutions RESOLUTION NO. 89-66 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA DENYING VARIANCE NO. 89-04 TO REDUCE THE PARKING SETBACK FROM 25 FEET TO 8 FEET AND REDUCE THE LANDSCAPE SETBACK FROM 35 FEET TO 8 FEET FOR 12 ACRES OF LAND LOCATED ON THE SCUTH SIDE OF JERSEY BOULEVARD BETWEEN UTICA AND VINCENT AVENUES IN THE MINIMUM IMPACT/HEAVY INDUSTRIAL DISTRICT (SUBAREA 9) , AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-143,-07, 08, 09 A. Recitals. (i) Commercial Carriers has filed an application for the issuance of the Variance No. 89-04 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application". ( ii) On April 26 , 1989, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and continued said hearing to May 10, 1989. ( 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 April 26, 1989, and continued to May 10, 1989, 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 10807 Jersey Boulevard with a street frontage of 814 feet and an average lot depth of 673 feet and is presently improved with an office, warehouse, and parking lot; and ( b) The property to the north of the subject site is multi- tenant industrial , the property to the south of that site consists of a warehouse, the property to the east is vacant, and the property to the west is a warehouse ; and (c) The application applies to a site that is currently improved with an office building, warehouse building and parking lot and is considered a legal non-conforming lot; and PLANNING COMMISSION RESOLUTION NO. 89-66 VA89-04 - COMMERCIAL CARRIERS May 10, 1989 Page 2 (d) Municipal Code Section 17.06.0208 authorizes the City Planner to impose reasonable conditions upon a Minor Development Review permit approval , including requirements for landscaping, street improvements, regulation of vehicular ingress , egress and traffic circulation, establishment of development schedules or time limits for performance or completion ; and (e) Municipal Code Section 17.06.020A states that the purpose and intent of the Minor Development Review permit process is to assure that such limited projects comply with all applicable City Standards and Ordinances; and (f) The site plan submitted in conjunction with the application, does not meet the Industrial Specific Plan standard of a 35-foot average landscape setback and minimum 25-foot parking setback , as measured from the ultimate face of curb. Further, the site plan and existing chain link fence improvements do not meet the Industrial Specific Plan standards for screening outdoor storage of vehicles within 120 feet of a street frontage with masonry, concrete or other similar materials ; and (g) The site currently is improved with four driveways within 820 feet of street frontage. The City 's access policy for arterial streets specifies that driveways on the sane side of a street be spaced 300 feet apart. Therefore , only two driveways would be allowed on this site . Further, driveways should align with driveways on the opposite side of the street or by off-setting a safe distance to avoid conflicting left-turn movements. The City 's access policy also requires the access be located a minimum 100 feet from intersections. 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) 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 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. 89-66 VA89-04 - COMMERCIAL CARRIERS May 10, 1989 Page 3 CO 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 subject to each and every condition set forth below. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF MAY 1989. PLANNING CO ISSION OF THE CITY OF RANCHO CUCAMONGA f , I BY: FA .. w , 'arry Suaaie , airy. ATTEST: A � es __ sra, 'MUT ec 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 10th day of May 1989, by the following vote-to-wit: AYES: COMMISSIONERS: BLAKESLEY, CHITIEA, EMERICK, MCNIEL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE