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HomeMy WebLinkAbout89-596 - Resolutions RESOLUTION NO. 89-596 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DECISION TO DENY WITHOUT PREJUDICE MINOR DEVELOPMENT REVIEW NO. 89-22, LOCATED ON THE SOUTHEAST CORNER OF ARROW HIGHWAY AND GROVE AVENUE IN THE GENERAL COMMERCIAL DISTRICT AND MAKING FINDINGS IN SUPPORT THEREOF A. Recital s. (i) An application has been submitted to the City of Rancho Cucamonga by Howard and Yolanda Geivett (hereinafter "applicant"), for a Minor Development Review for the approval of an existing carport addition to the north side of an automotive repair shop located on the southeast corner of Grove Avenue and Arrow Highway, hereinafter referred to as "the application". (ii) On September 8, 1989, the City Planner denied the application. (iii) The City Planner's denial was timely appealed to the Planning Commission on September 18, 1989. (iv) On the 11th day of October, 1989, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting on that date by adopting Resolution 89-130, thereby denying without prejudice Minor Development Review 89-22. (v) The Planning Commission's action was appealed to this Council on October 23, 1989, by the applicant. (vi) The City Council heard the applicants appeal at its meeting on December 6, 1989 and was continued to January 3, 1990. (vii} All legal prerequisites to the adoption of this Resolution has occurred. B. Resol uti on. NOW, THEREFORE, the Council of the City of Rancho Cucamonga does hereby find, determine and resolve as follows: 1. This Council 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 Council during the above-referenced meetings on December 6, 1989 and January 3, 1990, including written and oral staff reports, this Council hereby specifically finds as follows: (a) The application applies to property located at 8517 Grove Avenue, with a street frontage of 189 feet and lot depth of 225 feet and is presently improved with an automotive repair shop, an asphalt parking lot with 13 spaces, and no street frontage landscaping; and Resolution No. 89-596 Pa ge 2 (b) The property to the north of the subject site is single family residential, the property to the south of that site consists of commercial (vacant), the property to the east is single family residential, and the property to the west is the City of Upland; and (c) The carport addition was built without Minor Development Review approval or building permits; and (d) The carport addition does not conform with the City's setback requirements; and (e) The carport addition constitutes an addition to an existing non-conforming structure; and (f) The carport addition is inconsistent with the intent of the Development Code regulations which prohibit the enlargement of non-conforming structures. 3. Based upon the substantial evidence presented to this Council during the above-referenced meetings and upon the specific findings of facts set forth in paragraphs I and 2 above, this Council hereby finds and concludes as follows: (a) That the proposed project is not consistent with the objectives of the Development Code, and the purposes of the district in which the site is located; and (b) That the proposed project is not in compliance with each of the applicable provisions of the Development Code; and (c) That the proposed project is not consistent with the General Plan. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby denies the application without prejudice. 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED this 3rd day of January, 1990. AYES: Alexander, Buquet, Brown, Stout, Wright NOES: None ABSENT: None Resolution No. 89-596 Pa ge 3 Dennis L. Stout, Mayor ATTEST: 1)~ebra J. Ad,I/ms, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, 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 3rd day of January, 1990. Executed this 4th day of January, 1990 at Rancho Cucamonga, California. Debra J.~dams, City Clerk Resolution No. 89-5 96 Pa ge 2 (b) The property to the north of the subject site is single family residential, the property to the south of that site consists of commercial (vacant), the property to the east is single family residential, and the property to the west is the City of Upland; and (c) The carport addition was built without Minor Development Review approval or building permits; and (d) The carport addition does not conform with the City's setback requirements; and (e) The carport addition constitutes an addition to an existing non-conforming structure; and ~f) The carport addition is inconsistent with the intent of the Development Code regulations which prohibit the enlargement of non-conforming structures. 3. Based upon the substantial evidence presented to this Council during the above-referenced meetings and upon the specific findings of facts set forth in paragraphs I and 2 above, this Council hereby finds and concludes as follows: (a) That the proposed project is not consistent with the objectives of the Development Code, and the purposes of the district in which the site is located; and (b) That the proposed project is not in compliance with each of the applicable provisions of the Development Code; and (c) That the proposed project is not consistent with the General Plan. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby denies the application without prej udi ce. 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED this 3rd day of January, 1990. AYES: Alexander, Buquet, Brown, Stout, Wright NOES: None ABSENT: None