Loading...
HomeMy WebLinkAbout87-46 - Resolutions RESOLUTION NO. 87-46 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION APPROVING VARIANCE NO. 87-02 TO DECKK DEVELOPMENT LOCATED AT 9113 FOOTHILL BOULEVARD IN THE OP DISTRICT A. Recitals. (i ) On the 9th day of March, 1987, an application was filed and accepted on the above-described project; and (ii ) On the 25th day of March, 1987, the Planning Commission held a duly advertised public hearing pursuant to Section 65854 of the California Government Code; and (iii ) On the 7th day of December, 1983, the City Council adopted Ordinance 211, Development Code, which established setback and height limitations for the OP District; and (iv) On the 2nd day of October, 1985, the City Council adopted Ordinance 274, establishing interim development standards for the Foothill Corridor; and (v) All legal prerequisites 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 substantial evidence, including public testimony, and a staff report with attachments, the Commission specifically finds: a. That the variance request is for 1) a 7 foot reduction in the parking setback along the westerly property line, 2) a 10 foot reduction in the building setback along the westerly property line, 3) a 12 foot reduction in the building setback on Foothill Boulevard, 4) a 4.75 foot reduction in the average landscape setback on Foothill Boulevard, and 5) a 4 foot increase in the building height; PLANNING COMMISSION RESOLUTION NO. VARIANCE NO. 87-02 - DECKK DEVELOPMENT April 8, 1987 Page 2 b. The application applies to property located on the south side of Foothill Boulevard at 9113 Foothill Boulevard with a street frontage of 168 feet and lot depth of 163.5 feet and presently improved with structures which constituted a preschool , and with parking areas which served that establishment. c. The property to the north is developed with a community shopping center, the property to the west consists of the Pepperwood apartment complex, and the property to the south and east consists of the Mountainview apartment complex; d. The application is in conjunction with Development Review 86-46, a request for the development of an 11,000 square foot office building, the Foothill Professional Center; e. The proposed 29 foot building height is consistent with building heights on surrounding two-story apartments; f. The intent of the Development Code regulation concerning side yard setbacks is to provide adequate buffering between a higher intensity use and a lower intensity use. The nearest apartment unit to the west is approximately 85 feet away, with parking, carports and landscaping in between; g. The proposed front yard setbacks from Foothill Boulevard are consistent with the existing structure on the site and the apartments to the east. 3. Based upon substantial evidence presented to this Commission during the above-referenced March 25, 1987 hearing and upon 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 regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. b. 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. • - PLANNING COMMISSION RESOLUTION NO. VARIANCE NO. 87-02 - DECKK DEVELOPMENT April 8, 1987 Page 3 c. 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. d. 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. 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. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the request for Variance No. 87-02. APPROVED AND ADOPTED THIS 8TH DAY OF APRIL, 1987. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: _401 / �, b elLc a r ry . 'c^ e , al I• ATTEST: ALSAleak :u er 'ep- y ecre ary 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 8th day of April , 1987, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, EMERICK, MCNIEL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE