HomeMy WebLinkAbout05-19 - Resolutions RESOLUTION NO. 05-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE
DRC2004-01163 TO ALLOW THE LOT DEPTH FOR LOTS 6 AND 8 FOR
TENTATIVE TRACT SUBTT16971 TO BE LESS THAN THE MINIMUM 90
FEET IN THE LOW-MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING
UNITS PER ACRE), LOCATED ON THE EAST SIDE OF HELLMAN
AVENUE, SOUTH OF 6TH STREET; AND MAKING FINDINGS IN
SUPPORT THEREOF -APN: 0210-062-39.
A. Recitals.
1. American Pacific Homes filed an application for the issuance of Variance
DRC2004-01163, 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 23rd day of March 2005, 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 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 the substantial evidence presented to this Commission during the
above-referenced public hearing on March 23,2005,including written and oral staff reports,together
with public testimony, this Commission hereby specifically finds as follows:
a. The project exceeds all development standards for the Low-Medium Residential
zone except for lot depth and the wall height; and
b. The applicant conducted a neighborhood meeting on December 8,2004,where the
attendees expressed general satisfaction; and
C. The extreme aspect of the shape of the project site precludes reasonable
development of the entire site; and
d. The lots with lot depths less than 90 feet have one side property line that exceeds
90 feet in length and retain a buildable area for residential improvement similar to the other lots in
this tract and in this area.
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:
PLANNING COMMISSION RESOLUTION NO. 05-19
DRC2004-01163—AMERICAN PACIFIC HOMES
March 23, 2005
Page 2
a. That strict or literal interpretation and enforcement of the specified regulations
would would not 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
(CEQA) 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, 3, and 4 above,
this Commission hereby approves the application subject to each and every condition set forth
below.
Planning Department
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 applicant of his obligations under this
condition.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 23RD DAY OF MARCH 2005.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: "�C' 4
Lar cNiel, Vice Chairman
PLANNING COMMISSION RESOLUTION NO. 05-19
DRC2004-01163—AMERICAN PACIFIC HOMES
March 23, 2005
Page 3
ATTEST-40mWB
ulIe , ecretary
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 23rd day of March 2005, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, McNIEL, McPHAIL, STEWART
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MACIAS