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HomeMy WebLinkAbout88-223 - Resolutions RESOLUTION NO. 88-223 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION DENYING VARIANCE NO. 88-22 TO INCREASE THE MAXIMUM HEIGHT OF FREE-STANDING LIGHT STANDARDS FROM 15 FEET UP TO 30 FEET IN THE TERRA VISTA TOWN CENTER LOCATED ON THE NORTHEAST CORNER OF HAVEN AVENUE AND FOOTHILL BOULEVARD IN THE COMMUNITY COMMERCIAL DISTRICT OF THE TERRA VISTA PLANNED COMMUNITY, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-421-05. A. Recitals. (i ) Lewis Homes has filed an application for the issuance of the Variance No. 88-22 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application". (ii) On October 26, 1988, 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 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 October 26, 1988, 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 Haven Avenue and Foothill Boulevard, a 71 acre parcel , the site of the approved Terra Vista Town Center; and (b) The variance request is specifically for the use of 30 foot light standards within parking areas; and (c) The property to the north of the subject site is future office park, the property to the south of that site consists of office development, the property to the east is future office park, and the property to the west is office development; and PLANNING COMMISSION RESOLUTION NO. 88-223 VA 88-22 - Lewis Homes October 26, 1988 Page 2 (d) The intent of the Code to require 15 foot light standards is not effected by site size or design and is a matter of function. The 15 foot height was determined to be appropriate height to provide lighting under the canopy of mature trees and also to restrict the illumination to this parcel and avoid adverse effects on adjacent properties. 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 paragraph 1 and 2 above, this Commission hereby finds and concludes as follows: (a) That strict or literal interpretation and enforcement of the specified regulation would not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code. (b) That there are not 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 not deprive the applicant of privileges enjoyed by the owners of other properties in the same district. (d) That the granting of the Variance will 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 be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 4. Based upon the findings and conclusions set forth in paragraph 1, 2 and 3 above, this Commission hereby denies the application. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 26TH DAY OF OCTOBER, 1988. PLANNING CO/1SSION OF THE CITY OF RANCHO CUCAMONGA BY: a t.1 c /.# i I a y an ATTEST: �;�_____ ' ��� :r man' ,17ry PLANNING COMMISSION RESOLUTION NO. 88-223 VA 88-22 - Lewis Homes October 26, 1988 Page 3 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 26th day of October, 1988, by the following vote-to-wit: AYES: COMMISSIONERS: BLAKESLEY, CHITIEA, EMERICK, MCNIEL,TOLSTUY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE