Loading...
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 (v) The original appeal was subsequently withdrawn by the adjacent residents.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