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HomeMy WebLinkAbout90-137 - Resolutions RESOLUTION NO. 90-137 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE NO. 90-08 A REQUEST TO REDUCE THE MINIMUM NET AVERAGE LOT SIZE FROM 22,500 TO 21,935 SQUARE FEET AND TO REDUCE THE MINIMUM LOT DEPTH OF LOT 3 FROM 150 TO 124 FEET FOR A 40 LOT SUBDIVISION ON 25.9 ACRES OF LAND IN THE VERY LOW RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER ACRE) LOCATED EAST OF HAVEN AVENUE AND NORTH OF RINGSTEM DRIVE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0201-121-24. A. Recitals. (i ) Brock Homes has filed an application for the issuance of a Variance No. 90-08 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application." (ii ) On the 26th of September 1990, and continued to November 14, 1990, 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 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 substantial evidence presented to this Commission during the above-referenced public hearings on September 26 and November 14, 1990, 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 northeast corner of Tackstem Street and Ringstem Drive with a street frontage of 1,020 feet along Tackstem Street and 1,360 feet along Ringstem and is presently vacant; and (b) The property to the north of the subject site is a Los Angeles Department of Power and Light easement, the property to the south of that site consists of single family residential under construction, the property to the east is vacant flood control land, and the property to the west is single family residential under construction; and PLANNING COMMISSION RESOLUTION NO. 90-137 VARIANCE 90-08 - BROCK HOMES NOVEMBER 14, 1990 Page 2 (c) The reduction of the minimum lot depth from 150 to 124 square feet is due to the irregularly shaped nature of the western portion of the tract. (d) The reduction of the minimum average lot size from 22,500 to 21 ,935 square feet is due to the requirement of an extensive drainage channel along the north tract boundary and the addition of a third cul-de-sac street. (e) The request will not create an inconsistency with the surrounding approved tract and will not be out of character with it. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearings and upon the 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 regulations 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. (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. This Commission hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and, further, this Commission hereby issues a Negative Declaration. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below. 1) All pertinent conditions of Tentative Tract 14771 shall apply. PLANNING COMMISSION RESOLUTION NO. 90-137 VARIANCE 90-08 - BROCK HOMES NOVEMBER 14, 1990 Page 3 6 . The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF NOVEMBER, 1990. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: III� _ _ i�/CI arry cNiel , Chairma I a ATTEST: es �L Brad Bul)/r, ry 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 14th day of November, 1990, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY NOES : COMMISSIONERS : NONE ABSENT: COMMISSIONERS : NONE