HomeMy WebLinkAbout00-45 - Resolutions RESOLUTION NO. 00-45
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR AN
EXTENSION OF A PREVIOUSLY APPROVED VARIANCE NO. 96-02, FOR
THE FOLLOWING: 1) REDUCE THE MINIMUM AREA REQUIREMENT FOR
THE USE OF OPTIONAL DEVELOPMENT STANDARDS, 2) REDUCE THE
REAR YARD SETBACK ALONG THE NORTH AND WEST PROJECT
BOUNDARY, 3) REDUCE THE BUILDING-TO-CURB SETBACK, 4) REDUCE
THE BUILDING-TO-BUILDING SEPARATION, 5) REDUCE THE AVERAGE
AND MINIMUM LANDSCAPE SETBACK ALONG CARNELIAN STREET,
6) REDUCE THE PARKING STREETSCAPE SETBACK, AND 7) INCREASE
THE WALL HEIGHT ALONG THE NORTH AND WEST PROJECT
BOUNDARY FOR A RESIDENTIAL SUBDIVISION AND DESIGN REVIEW
OF 27 SINGLE FAMILY HOMES ON 3.35 ACRES, LOCATED ON THE
WEST SIDE OF CARNELIAN STREET AT VIVERO STREET IN THE
MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE),
AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 207-022-54 AND
64.
A. Recitals.
1. G & D Construction has filed an application for the extension of the approval of
Variance 96-02, as described in the title of this Resolution. Hereinafter in this Resolution, the subject
Variance time extension request is referred to as "the application."
2. On March 25, 2000, this Commission adopted its Resolution No. 98-22, thereby
approving, subject to specific conditions and time limits, Variance 98-22.
3. On the 10th day of May 2000, 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.
4. 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 hearing on May 10, 2000, including written and oral staff reports, together with
public testimony, this Commission hereby specifically finds as follows:
a. The previously approved Variance is in substantial compliance with the City's
current General Plan, specific plans, ordinances, plans, codes, and policies; and
b. The extension of the Variance approval will not cause significant inconsistencies
with the current General Plan, specific plans, ordinances, plans, codes, and
policies; and
PLANNING COMMISSION RESOLUTION NO. 00-45
VAR 96-02 — G & D CONSTRUCTION
May 10, 2000
Page 2
C. The extension of the Variance approval is not likely to cause public health and
safety problems; and
d. The extension is within the time limits established by State law and local ordinance.
3. Based upon the findings and conclusions set forth in paragraphs 1 and 2 above, this
Commission hereby grants a time extension for:
Application Applicant Expiration
Variance 96-02 G&D Construction March 25, 2003
4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this
Commission hereby modifies the conditions of approval contained in Resolution 98-22, incorporated
herein by this reference, to read as follows:
Plannina Division
1) The applicant shall agree to defend, at his sole expense, any action
brought against the City, its agents, officers, or employees, because of
the issuance of such approval, or in the alternative, to relinquish such
approval. The applicant shall reimburse the City, its agents, officers,
or employees, for any Court costs and attorney's fees which the City,
its agents, officers, or employees, may be required by a court to pay as
a result of such action. The City may, at its sole discretion, participate,
at its own expense, in the defense of any such action but such
participation shall not relieve the applicant of his obligations under this
condition.
5. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 10TH DAY OF MAY 2000.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
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BY:
Larry cNiel, Chairman
ATTEST:
Bra Secre
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 10th day of May 2000, by the following vote-to-wit:
PLANNING COMMISSION RESOLUTION NO. 00-45
VAR 96-02 —G & D CONSTRUCTION
May 10, 2000
Page 3
AYES: COMMISSIONERS: MANNERINO, MCNIEL, STEWART
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MACIAS, TOLSTOY