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HomeMy WebLinkAbout01-102 - Resolutions RESOLUTION NO. 01-102 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2001-00494, A REQUEST TO REDUCE THE BUILDING AND LANDSCAPE SETBACK ALONG MILLIKEN AVENUE FROM 45 FEET TO 37 FEET, IN AREA 8 OF THE EMPIRE LAKES SUBAREA 18 SPECIFIC PLAN, LOCATED ON THE NORTHWEST CORNER OF 5TH STREET AND MILLIKEN AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF, APN: 210-082-61. A. Recitals. 1. Lindsay-Ontario, LLC, filed an application for the issuance of Variance DCR2001-00494, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application." 2. On the 14th day of November 2001, 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. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW,THEREFORE, it is hereby found, determined, and resolved bythe 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 the substantial evidence presented to this Commission during the above- referenced public hearing on November 14, 2001, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the subject site, located on the northwest comer of 5th Street and Milliken Avenue, and is currently rough graded; and b. The applicant has submitted a Variance Application requesting to reduce the building and landscape setback along Milliken Avenue from 45 feet to 37 feet, where the Development Code requires a 45-foot wide building and average landscape setback; and C. The Variance as specified in the application will not be detrimental to the goals and objectives of the General Plan or Development Code and will not promote detrimental conditions to the persons or properties in the immediate vicinity on the subject site for the reasons that follow: i. The site is bounded by three streets: Milliken Avenue to the east,5th Street to the south and Fairview Place to the west. The three street sides will have full street improvements. A 200-foot long right tum lane is required along the entire frontage of Milliken Avenue in concert with the previously approved master plan. Compliance with the normal setback requirements along the three sides of the project site, combined with the additional dedication of right-of-way necessary for the right tum lane,would create a physical site planning challenge not generally found on properties in this zone. PLANNING COMMISSION RESOLUTION NO. 01-102 VAR DRC2001-00494 — MILLIKEN POINT November 14, 2001 Page 2 ii. The additional dedication needed for the right-turn lane is an exceptional circumstance. Without the Variance, the project would be deprived of privileges enjoyed by other businesses within the same district. Additionally, the denial of the Variance would not be in harmony with what was approved, the 200-foot long right tum lane, as shown in the master plan; and iii. Because this is a unique lot with three street sides, and the proposed project will be in the spirit of the previously approved master plan, the granting of the Variance will not set a precedent; and iv. Granting of the Variance will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity, because the project will be developed per applicable City Code criteria and will be in concert with the approved master plan. Further, granting of the variance will facilitate dedication of needed right-of-way for a right tum lane to handle traffic flow at this intersection. 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 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. The Planning Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15305 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the application subject to each and every condition set forth below. 1) Variance approval shall expire if building permits are not issued within 5 years from the date of approval. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 01-102 VAR DRC2001-00494 — MILLIKEN POINT November 14, 2001 Page 3 APPROVED AND ADOPTED THIS 14TH DAY OF NOVEMBER 2001. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry VMcNiel, Chairman ATTEST: /yam Brad Bulle etary 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 2001, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY