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HomeMy WebLinkAbout88-227 - Resolutions RESOLUTION NO. 88-227 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA APPROVING VARIANCE NO. 88-24, A REQUEST TO ALLOW LOCAL FEEDER TRAILS TO BE LOCATED IN THE FRONT OF LOTS WITHIN VESTING TENTATIVE TRACT 13851 LOCATED NORTH OF WILSON, EAST OF CANISTEL AVENUE, AND WEST OF THE DEER CREEK CHANNEL IN THE VERY LOW RESIDENTIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 201-121-18 AND 21. A. Recitals. (i ) Vesting Tentative Tract 13851, for 61 lots, was approved by the Planning Commission on October 12, 1988 subject to approval of a Variance to allow front-loaded local equestrian trail easements. (ii ) R & S Investment Group has filed an application for the issuance of the Variance No. 88-24 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application". (iii ) On November 9, 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. (iv) 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 November 9, 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 north of Wilson Avenue, east of Canistel Avenue, and west of Deer Creek Channel ; and (b) Vesting Tentative Map 13851 forms a logical geographic extension of the street and trail system within the existing Deer Creek Development to the Hillside/Deer Creek Channels; and PLANNING COMMISSION RESOLUTION NO. 88-227 VA 88-24 - R & S Investment Group November 9, 1988 Page 2 (c) The Deer Creek Development and Vesting Tentative Tract 13851 occupies approximately 335 acres of land which is bounded by Haven Avenue to the west, Hillside Channel to the north and Deer Creek Channel to the east. Vesting Tentative Tract 13851 encompasses approximately 39 acres; and (d) Residents of all properties in the area, the 374 Deer Creek properties and the 61 lots within the subject tract, will be able to enjoy the physical and visual continuity of the existing trail system; and (e) The front-loaded trail system within the Deer Creek Development was originally approved prior to the adoption of the current trail standards; and (f) The provision of front loaded local feeder trails will not present a safety hazard as measures such as narrowing driveway widths and providing a non-skid surface will be implemented; and (g) There is adequate area available in both the front and corner side yards to accommodate the 12 foot parkway and 15 foot local equestrian trail easements. The minimum setback provided in the front and corner sideyards are 37 feet and 32 feet, as measured from curb face, respectively. 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. (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. PLANNING COMMISSION RESOLUTION NO. 88-227 VA 88-24 - R & S Investment Group November 9, 1988 Page 3 (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 approved the application subject to the conditions set forth below. 1) That a non-skid texturized paving surface shall be provided where driveways cross any equestrian trail . Such surface shall be subject to approval by the Trails Advisory Committee. 2) All pertinent conditions of approval for Vesting Tentative Tract No. 13851, as contained in Resolution No. 88-208, shall apply. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF NOVEMBER, 1988. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: C Larry i I , Car • n ATTEST: <4I/ .fisca4 ra:U'% • r,141717- ary I, Brad Buller, 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 9th day of November, 1988, by the following vote-to-wit: AYES: COMMISSIONERS: BLAKESLEY, EMERICK, MCNIEL NOES: COMMISSIONERS: CHITIEA, TOLSTOY ABSENT: COMMISSIONERS: NONE