HomeMy WebLinkAbout04-108 - Resolutions RESOLUTION NO. 04-108
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE
DRC2001-00155, TO REDUCE THE BUILDING AND LANDSCAPE
SETBACKS ALONG VINEYARD AVENUE AND 8TH STREET, ON 1.46
ACRE OF LAND IN THE GENERAL INDUSTRIAL DISTRICT(SUBAREA 1),
LOCATED AT THE NORTHEAST CORNER OF VINEYARD AVENUE AND
8TH STREET - AND MAKING FINDINGS IN SUPPORT THEREOF —APN:
0209-013-15.
A. Recitals.
1. Harma Maghakian filed an application for the issuance of Variance DRC2001-00155, as
described in the title of this Resolution. Hereinafter in this Resolution,the subject Variance request
is referred to as "the application."
2. On the 8th day of September 2004, the Planning Commission of the City of
Rancho Cucamonga conducted a meeting on the application and concluded said meeting on that
date.
3. All legal prerequisites prior 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 the substantial evidence presented to this Commission during the above-
referenced public hearing on September 8, 2004, including written and oral staff reports, this
Commission hereby specifically finds as follows:
a. The application applies to the subject site, located at the northeast comer of
Vineyard Avenue and 8th Street, with a depth that varies from approximately 95 feet at the west
property line to 35 feet at the east property line; and
b. The application has submitted a Variance Application requesting to reduce the
building and landscape setbacks along Vineyard Avenue and 8th Streets, and
C. The Variance as specified in the application will not be detrimental to the goals and
objectives of the General Plan or Development Code and will not promote detrimental conditions to
the persons or properties in the immediate vicinity on the subject site.
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 regulations
would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of
the Development Code.
PLANNING COMMISSION RESOLUTION NO. 04-108
DRC2001-00155 — HARMA MAGHAKIAN
September 8,2004
Page 2
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. The Planning Commission hereby finds and determines that the project identified in this
Resolution is categorically exempt from the requirements of the California Environmental Quality Act
(CEQA) of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section
15305 of the State CEQA Guidelines.
5. Based upon the findings and conclusions set forth in paragraphs 1, 2 and 3 above, this
Commission hereby approves the application subject to each and every condition set forth below:
Planning Division
1) Variance approval shall expire if building permits are not issued within 5
years from date of approval.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 8TH DAY OF SEPTEMBER 2004.
PLANNING COMMISSION OFT CITY OF RANCHO CUCAMONGA
BY: S�
Rich Macias, Chairman
ATTEST:
Brad Bu reta
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 8th day of September 2004, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, MACIAS, McPHAIL, STEWART
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: McNIEL