HomeMy WebLinkAbout89-94 - Resolutions RESOLUTION NO. 89-94
A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION
DENYING VARIANCE NO. 89-07, A REQUEST TO PERMIT 6 FOOT
HIGH BLOCK WALLS WITHIN THE FRONT YARD SETBACK AREA OF
ETIWANDA AVENUE LOCATED ON THE WEST SIDE OF ETIWANDA
AVENUE BETWEEN BASE LINE ROAD AND HIGHLAND AVENUE IN THE
LOW DENSITY RESIDENTIAL DISTRICT, AND MAKING FINDINGS IN
SUPPORT THEREOF - APN: 227-513-79 AND 80, 227-471-61
THRU 66, 227-481-66 THRU 68, AND 227-491-03 AND 53 THRU
56.
A. Recitals.
(i ) On April 13, 1988, the Planning Commission adopted its
Resolution No. 88-68, conditionally approving Design Review for 15 lots within
Tracts 13027 and 13052, which included slump block retaining walls along the
side property line of certain lots.
(ii ) On December 12, 1988, the Planning Division inspected said lots
and issued a Correction Notice to the William Lyon Company regarding the
construction on non-conforming six (6) foot high walls on top of the retaining
walls on certain lots within Tracts 13027 and 13052. This non-conformity was
further identified by letters from the Planning Division to the developer
dated March 8, 1989 and April 28, 1989.
(iii) On June 23, 1989, the William Lyon Company filed an
application for the issuance of the Variance No. 89-07 as described in the
title of this Resolution. Hereinafter in this Resolution, the subject
Variance request is referred to as "the application".
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 July 12, 1989, including written
and oral staff reports, together with public testimony, this Commission hereby
specifically finds as follows:
(a) The application applies to existing slump block walls
located on property on the west side of Etiwanda Avenue between Base Line Road
and Highland Avenue with a street frontage on Etiwanda Avenue which is
presently improved with homes under construction; and
PLANNING COMMISSION RESOLUTION NO. 89-94
VAR 89-07 - WILLIAM LYON COMPANY
July 12, 1989
Page 2
(b) The property to the north of the subject site is
residential property, the property to the south of that site consists of
vacant land, the property to the east is single family residential and the
property to the west is single family residential .
(c) The request is inconsistent with the Etiwanda Specific
Plan (Section 5.31.3026), which does not permit solid walls within the
Etiwanda Avenue street side setback area.
(d) That granting of the request may increase motorist,
pedestrian, and equestrian sight visibility problems along Etiwanda Avenue and
complicate traffic safety considerations.
(e) That the walls detract from the rural , open appearance of
the existing Etiwanda Avenue streetscape as well as the future streetscape as
described in the Etiwanda Specific Plan.
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 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 paragraphs
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.
t
PLANNING COMMISSION RESOLUTION NO. 89-94
VAR 89-07 - WILLIAM LYON COMPANY
July 12, 1989
Page 3
APPROVED AND ADOPTED THIS 12TH DAY OF JULY, 1989.
PLANNING COMMIS ION OF THE CITY OF RANCHO CUCAMONGA
BY: art t .,.
C p
La r T rie ,
ATTEST: A•IS
:rad W, Sew
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 12th day of July, 1989, by the following vote-to-wit:
AYES: COMMISSIONERS: BLAKESLEY, CHITIEA, MCNIEL, WEINBERGER
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: TOLSTOY