HomeMy WebLinkAbout12-06 - Resolutions RESOLUTION NO. 12-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE
DRC2010-00941 TO REDUCE THE STREET YARD SETBACK BY
6.27 FEET FOR DEVELOPMENT REVIEW DRC2008-00356, LOCATED
ON THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND
KLUSMAN AVENUE IN THE SPECIALTY COMMERCIAL(SC)DISTRICT;
AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0208-153-12,
0208-153-13, 0208-153-24.
A. Recitals.
1. Giron Engineers, Inc., on behalf of the property owner, filed an application for the
issuance of Variance DRC2010-00941 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 11th day of January 2012, 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 the 11th day of January 2012, including written and oral staff reports,
together with public testimony, this Commission hereby specifically finds as follows:
a. The application is related to Development Review DRC2008-00356; and
b. - The application applies to property for a proposed commercial center located at the
northeast corner of Foothill Boulevard and Klusman Avenue; and
C. The commercial center will consist of 3(three)buildings totaling 11,588 square feet
on 1.08 acre of land; and
d. The property to the north of the subject site are single-family residences, the
property to the west and south consists of existing commercial development,the property to the east
is a designated Historic Landmark known as the Cucamonga Service Station; and
e. The zoning of the center is Specialty Commercial (SC) District of the Foothill
Boulevard Specific Plan. The zoning of the properties to the north, south and east is the Specialty
Commercial (SC)of the Foothill Boulevard Specific Plan. The zoning of the property to the west is
Community Commercial (CC) District of the Foothill Boulevard Specific Plan; and
f. The applicant is requesting a Variance to allow a reduced street yard setback along
Foothill Boulevard by 6.27 feet; and
PLANNING COMMISSION RESOLUTION NO. 12-06
VARIANCE DRC2010-00941
January 11, 2012
Page 2
g. Pertable 17.32.080(9)(c)of the Development Code,the required building setback
on Foothill Boulevard is 25 feet; and
h. All street frontage setbacks are measured from curbface; and
i. The applicant's proposed commercial building will have a building setback of
18.73 feet along Foothill Boulevard.
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. In that, without a reduction in street yard setback along
Foothill Boulevard, the site would not be able to accommodate parking for the proposed buildings.
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. In that,the long rectangular shape of the lot(4:1 length to width ratio)
makes it difficult to design an onsite parking area with two-way circulation.
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.
The entire block in which this property is located is zoned Specialty Commercial and is currently
developed with older, residential structures, an historic gas station and various small commercial
shops. The proposed project will comply with all applicable City codes and ordinances, allow traffic
access from the adjacent easterly property thus promoting safe traffic circulation.
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. In that, the
proposed reduction in setback will allow the applicant to develop the property no greater than the
other lots in the surrounding area.
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. In that,the granting of
the reduced setback will allow a safer, on-site traffic circulation plan to be developed. Additionally all
required parking will be provided on-site. The project will dedicate a right-of-way, removing old
dilapidated street improvements and reconstruct new pavement, curbs, gutters, and parkways in
compliance with the Foothill Boulevard Specific Plan.
4. The Planning Department Staff has determined that the project is categorically exempt
from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA
Guidelines. The project qualifies under the Class 5 categorical exemption under State CEQA
Guidelines Section 15305(Minor alterations in land use limitations)because the project includes a
setback variance not resulting in the creation of any new parcel. In addition, there is no substantial
evidence that the project may have a significant effect on the environment. The Planning
Commission has reviewed the Planning Department's determination of exemption,and based on its
own independent judgment, concurs in the staffs determination of exemption.
PLANNING COMMISSION RESOLUTION NO. 12-06
VARIANCE DRC2010-00941
January 11, 2012
Page 3
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) Approval is to allow a reduced street yard setback along Foothill
Boulevard by 6.27 feet. The applicant's proposed commercial building
will have a building setback of 18.73 feet along Foothill Boulevard.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 11TH DAY OF JANUARY 2012.
PLANNING COMMISSIO OF THE Y OF RANCHO CUCAMONGA
BY:
Luis Munoz, Jr., Chairman
ATTEST.
e9 R. Troyer, AICP, Secretdry
I,James R. Troyer,AICP, 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 11th day of January 2012, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE