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HomeMy WebLinkAbout88-31 - Resolutions RESOLUTION NO. 88-31 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION APPROVING A PORTION OF VARIANCE NO. 87-19 TO REDUCE THE REQUIRED 55 FOOT LANDSCAPE SETBACK TO 45 FEET ON ARROW ROUTE AND THE REQUIRED 45 FOOT SETBACK TO 35 FEET ON VINEYARD AVENUE FOR APPROVED TRACT 11734 CONSISTING OF 98 TOWNHOUSES ON 8.5 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE), LOCATED AT THE NORTHWEST CORNER OF ARROW ROUTE AND VINEYARD AVENUE - APN: 207-192-01 THROUGH 98. A. Recitals. (i ) Andrew Barmakian has filed an application for the issuance of the Variance No. 87-19 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application". (ii ) On February 10, 1988, 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. (iii ) 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 presented to this Commission during the above-referenced public hearing on February 10, 1988, 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 Arrow Route and Vineyard Avenue which is presently partially improved with townhome units; and (b) The property to the north, east and west are designated for multi-family residential uses. The property to the north and east are developed with a townhome and condominium project respectively. The property to the west is vacant. The property to the south is designated for industrial uses and is developed with a multi-tenant industrial park; and PLANNING COMMISSION RESOLUTION NO. 88-31 VARIANCE 87-19 SETBACK REDUCTION - BARMAKIAN February 24, 1988 Page 2 (c) The application is designed to facilitate the completion of a 98 unit townhome project on 8.5 acres of land previously approved under Tentative Tract 11734. Such an action as contemplated, in conjunction with the applications, conforms to the General Plan of the City of Rancho Cucamonga and is a permitted use within the Medium Residential District; and (d) The application has been submitted to allow a reduction in the streetscape setbacks within said Tract 11734 contrary to the requirements of Section 17.08.040 of the City of Rancho Cucamonga Development Code requiring a streetscape setback of 55 feet along special boulevards (Arrow Route) and a streetscape setback of 45 feet along secondary arterials (Vineyard Avenue) ; and (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: (1) Tentative Tract 11734 was approved prior to the adoption of the City of Rancho Cucamonga Development Code; and (2) The previously developed portion of the site has streetscape setbacks of 45 feet along Arrow Route which is the same as that being requested by the applicant; and (3) There are existing street improvements within the northern and eastern portions of the site that were installed based upon the previously approved Site Plan. These improvements, in their present location, restrict design alternatives to meet the current Code requirements. 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 paragraph 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 result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code. (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. PLANNING COMMISSION RESOLUTION NO. 88-31 VARIANCE 87-19 SETBACK REDUCTION - BARMAKIAN February 24, 1988 Page 3 (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. Based upon the findings and conclusions set forth in paragraph 1, 2 and 3 above, this Commission hereby approves the application subject to each and every condition set forth below. 5. The Deputy Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF FEBRUARY, 1988. PLANNING COMMI SION OF THE CITY OF RANCHO CUCAMONGA BY: OS I ca / , v5 : / arry AP)ATTEST: as ;ra.`!'r 'er, `:''.0 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 24th day of February, 1988, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, TOLSTOY, EMERICK, MCNIEL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BLAKESLEY