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HomeMy WebLinkAbout86-124 - Resolutions RESOLUTION NO. 86-124 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA APPROVING A REQUEST FOR THE ISSUANCE OF A VARIANCE, NO. 86-03, TO ALLOW A REDUCTION OF THE MINIMUM STREET SETBACK WITHIN THE GENERAL COMMERCIAL DISTRICT, LOCATED AT THE NORTHWEST CORNER OF FOOTHILL BOULEVARD AND KLUSMAN AVENUE, RANCHO CUCAMONGA, CALIFORNIA AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. (i ) VINEYARD NATIONAL BANK has filed an application for the issuance of a Variance, No. 86-03, described above in the title for this Resolution. Hereinafter in this Resolution, the subject variance request is referred to as "the application". (ii) On August 13, 1986, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the subject matter of the application, and said public hearing was concluded prior to the adoption of this Resolution. (iii ) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is 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. This Commission hereby finds and certifies that the project has been reviewed and considered in compliance with the California Envi rormental Quality Act of 1970 and further finds and concurs with the Negative Declaration adopted with respect to this project on August 13, 1986. 3. Based upon substantial evidence presented to this Commission during the above-referenced August 13, 1986, hearing, 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 northwest corner of Foothill Boulevard and Klusman Avenue, consisting of approximately 1.44 acres and is currently improved with a office/bank facility; b. The properties to the north, south, east, and west of the subject site are presently designated for commercial uses and are currently devel oped; 1I PLANNING COMMISSION RESOLUTION NO. VARIANCE 86-03 - VINEYARD NATIONAL BANK August 13, 1986 Page 2 c. The application is designed to facilitate the development of a 14,000 square foot office addition to an existing 4,800 square foot building on said 1.44 acres of land and has been submitted in conjunction with a request for the approval of Development Review 86-17 (approved August 13, 1986). Such an action as contemplated, in conjunction with the application, conforms to the General Plan of the City of Rancho Cucamonga and is a permitted use within the General Commercial District; d. The application has been submitted to allow a reduction in the minimum street setback, contrary to the requirements of Section 17.10.0406 of the Rancho Cucamogna Development Code requiring lots within the General Commercial District to have a setback of a minimum forty-five (45) feet; e. The variance as specified in the application will not contradict the goals or objectives of the Rancho Cucamonga General Plan or Development Code and will not promote a detrimental condition to the persons or property in the immediate vicinity of the subject site for the reasons as follows: (i ) It is the policy of the City of Rancho Cucamonga to minimize the adverse effects of the development process. The subject site contains a legal non-conforming structure. The strict requirement of street setbacks on the subject site would prevent the applicant/owner from developing the subject property similar to owners or other properties in the same district without the subject limitations; (ii ) At the above-referenced August 13, 1986, public hearing, no public testimony was set forth in opposition to the application. 4. Based upon the substantial evidence presented to this Commission during the above-referenced August 13, 1986, public hearing, and upon the specific findings of fact set forth in paragraphs 1, 2, and 3, above, this Commission hereby finds and concludes as follows: a. The strict or literal interpretation and enforcement of the specified regulation would result in a 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; c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by owners of other properties in the same district; d. The granting of the subject Variance will not constitute a special privilege inconsistent with the limitations on other properties classified in the same district; and e. The granting of the subject Variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. • PLANNING COMMISSION RESOLUTION NO. VARIANCE 86-03 - VINEYARD NATIONAL BANK August 13, 1986 Page 3 5. Variance No. 86-03 is approved subject to the following condi tions: a. The quantity and quality of landscape materials to be used along Foothill Boulevard and Klusman Avenue streetscape shall be enhanced to balance the reduction of landscape area along Foothill Boulevard. Detailed landscape and irrigation plans shall be submitted for review and approval by the City Planner prior to issuance of building permits. 6. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, 4 and 5 above, the Commission hereby approves the application. 7. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF AUGUST, 1986. PLAN N COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: 1 Q VIAL9 2N''h l Denni Stout,-C, hai rman .iii ATTEST: A //s :raf :u e , teal y Secretary I, Brad Buller, Deputy 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 13th day of August, 1986, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, BARKER, MCNIEL, REMPEL, STOUT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE