HomeMy WebLinkAbout05-94 - Resolutions RESOLUTION NO. 05-94
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE
DRC2005-00278 TO ALLOW A BUILDING HEIGHT OF 58 FEET IN LIEU
OF THE MAXIMUM ALLOWED HEIGHT OF 35 FEET IN CONJUNCTION
WITH CONSTRUCTION OF A NEW 78,140 SQUARE FOOT CHURCH
SANCTUARY AND RELATED FACILITIES ON 3.8 ACRES OF LAND IN
THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE),
LOCATED AT THE SOUTHWEST CORNER OF HAVEN AVENUE AND
BANYAN STREET; AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 0201-821-51.
A. Recitals.
1. Shepherd of the Hills Lutheran Church filed an application for the issuance of Variance
DRC2005-00278 as described in the title of this Resolution in conjunction with Conditional Use
Permit DRC2004-01058. Hereinafter in this Resolution;the subject Variance request is referred to
as "the application."
2. On the 28th day of September 2005, 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.
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 28, 2005, 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 the southwest corner of Haven
Avenue and Banyan Street with a street frontage of approximately 420 feet and lot depth of
approximately 375 feet, and is presently unimproved; and
b. The property to the north of the subject site is a religious assembly,the property to
the south consists of multiple-family residential, and the properties to the east and west are
single-family residential; and
C. The Variance has been requested to allow the 58-foot height associated with the
roof gables that exceed the 35-foot height limit of the zone. The impact of the additional 14 feet,
6 inches of height is slightly reduced by the grade of the building pad of approximately 3 to 8 feet
below the rear yards of the houses to the west. More importantly, the height impact is significantly
addressed by plotting the building 100 feet away from nearest home to the west. A building
separation of 100 feet is ten times the 10 feet of separation expected in the Low Residential District.
If the church property had been developed with single-family homes,the required side yard setback
would have been 5 feet; therefore, a typical two-story home would have had far greater visual impact
upon its neighbor. As viewed from Banyan Street, the additional height is completely offset by the
pad grade lowered 16 feet below the street.
it
PLANNING COMMISSION RESOLUTION NO. 05-94
DRC2005-00278— SHEPHERD OF THE HILLS LUTHERAN CHURCH
September 28, 2005
Page 2
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. Finding: That strict or literal interpretation and enforcement of the
specified regulation would result in practical difficulty or
unnecessary physical hardship inconsistent with the objectives
of the Development Code.
Fact/s: The applicant has requested flexibility with the required wall
height in order to better provide an attractive architectural
design.
b. Finding: That there are exceptional or extraordinary circumstances or
conditions applicable to the property involved orto the intended
use of the property that do not apply generally to other
properties in the same district.
Fact/s: The project site is extraordinary because of its relative size in
this neighborhood and the grade differences provided by the
site design.
C. Finding: 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.
Fact/s: Without the Variance, the project would be deprived of
privileges enjoyed by other owners within the same district in
developing single-family residences with substantially smaller
setbacks. The proposed building height is consistent
proportionally with surrounding properties with consideration to
the property size.
d. Finding: That the granting of the Variance will not constitute a grant of
special privilege inconsistent with the limitations on other
properties or improvements in the vicinity.
Facts: Because the location of the site and its unique size in the
neighborhood as well as the site design proposed, no special
privilege is granted with.the Variance.
e. Finding: 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.
Fact/s: Granting of the Variance will not be detrimental to the public
health,safety,or welfare or be materially injurious to properties
or improvements in the vicinity. On the contrary,granting of the
Variance will provide substantially more privacy and light and
ventilation for the surrounding single-family uses than the
construction of single-family houses on the subject site.
PLANNING COMMISSION RESOLUTION NO. 05-94
DRC2005-00278— SHEPHERD OF THE HILLS LUTHERAN CHURCH
September 28, 2005
Page 3
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, 3, and 4
above, this Commission hereby approves the application.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 28TH DAY OF SEPTEMBER 2005.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: a �"/ J
Parnywart, Chairman
ATTEST: 0"�
Dan Coleman, Acting Secretary
I, Dan Coleman, Acting 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 28th day of September 2005, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, McNIEL, McPHAIL, STEWART, MACIAS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE