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HomeMy WebLinkAbout06-40 - Resolutions RESOLUTION NO. 06-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2005-01061 TO REDUCE THE PARKING LOT SETBACK FROM 45 FEET MINIMUM TO 10 FEET TO ALLOW IMPROVEMENTS TO AN EXISTING PARKING LOT FOR THE SYCAMORE INN RESTAURANT, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD AT THE INTERSECTION OF SAN BERNARDINO ROAD, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0207-101-24. A. Recitals. 1. Charles Joseph Associates filed an application for the issuance of Variance DRC2005-01061 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 12th day of April 2006, 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 April 12,2006, including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Southern Pacific Rail Road Right-of-Way, with a street frontage of 560 feet and lot depth of 620 feet, and is presently improved with an abandoned water reservoir; and b. Properties to the north are developed with condominiums and single-family homes designated Medium Residential (8-14 dwelling units per acre) and Low Residential (2-4 dwelling units per acre), respectively. South of Foothill Boulevard is designated Mixed Used and is developed with office and commercial uses. East of the site is the abandoned Southern Pacific Rail Road (future Regional Trail and possible future rail)and is designated Open Space. To the west is the Sycamore Inn Restaurant and is designated Mixed Use. Other properties to the west are Mixed Use land use and Office/Commercial to the southwest. The Red Hill Golf course is located northwest of the project site adjacent to the Medium Density residential development. 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: PLANNING COMMISSION RESOLUTION NO. 06-40 DRC2005-01061 — CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 2 a. Although the revised parking layout setback is less than the Code allows there will be far more landscape setback area provided than currently exists on the site (no landscaping currently exists at this location). In addition, the deficient setback is a common characteristic of the existing development in this section of Foothill Boulevard therefore,the 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. b. 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 since the deficient setback is a common characteristic of the existing development in this section of Foothill Boulevard. 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 since the deficient setback is a common characteristic of the existing development in this section of Foothill Boulevard. 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 since the deficient setback is a common characteristic of the existing development in this section of Foothill Boulevard. 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 since there will be far more landscape setback area provided than currently exists on the site. In addition, the improvements will result in a complete upgrade of the landscaping and hardscape surfaces for the historic restaurant while protecting the historical resources (building and mature Sycamore trees). 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 Department 1) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 06-40 DRC2005-01061 — CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 3 APPROVED AND ADOPTED THIS 12TH DAY OF APRIL 2006. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Pa art, thairma ATTEST: 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 12th day of April 2006, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: McPHAIL