HomeMy WebLinkAbout90-65 - Resolutions RESOLUTION NO. 90-65
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE NO.
90-04, THE REQUEST TO EXCEED THE BUILDING ENVELOPE
ESTABLISHED BY THE HILLSIDE DEVELOPMENT ORDINANCE ON 13
LOTS WITHIN A 36 LOT DESIGN REVIEW APPLICATION LOCATED
NORTH OF ALMOND STREET, WEST OF BERYL STREET IN THE VERY
LOW RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER
ACRE) , AND MAKING FINDINGS IN SUPPORT THEREOF - APN :
1061-801-3 , 5 THROUGH 9, 14, 18, 19, 21 THROUGH 26, AND
29 THROUGH 32 AND 1061-811-1 THROUGH 3 , 8 THROUGH 11 , 18
THROUGH 21 , 23 THROUGH 25, AND 27 THROUGH 29.
A. Recitals .
(i ) H & S Development has filed an application for the issuance of a
Variance No. 90-04 as described in the title of this Resolution. Hereinafter
in this Resolution , the subject Variance request is referred to as "the
application. "
(ii ) On the 23rd of May, 1990, 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 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 substantial evidence presented to this Commission
during the above-referenced public hearing on May 23 , 1990, including written
and oral staff reports, together with public testimony, this Commission hereby
specifically finds as follows:
(a) The application applies to Lots 10, 12, 30, 52, 56, 57,
58, 59, 60, 64 , 65 , 66, and 71 of Tract 11626.
(b) The property to the north is vacant, the property to the
south, east, and west contains existing single family residences.
PLANNING COMMISSION RESOLUTION NO. 90-65
VARIANCE 90-04 - H & S DEVELOPMENT
May 23, 1990
Page 2
(c) The application contemplates the construction of 13 single
family homes whose ultimate height will exceed the building envelope
established by the Hillside Development Ordinance.
(d) The application will allow the 13 structures to exceed the
building envelope along the side of the proposed structures for a maximum of 8
feet, 3 inches .
(e) Adjacent residences were not subject to the same building
envelope requirements.
( f) The variance is necessary because of the Hillside
Development Ordinance, which became effective March 8, 1990.
(g) The subject tract was recorded prior to the adoption of
the Hillside Development Ordinance.
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 . Based upon the findings and conclusions set forth in paragraphs
1 , 2 and 3 above, this Commission hereby approves the application.
5 . The Secretary to this Commission shall certify to the adoption
of this Resolution.
PLANNING COMMISSION RESOLUTION NO. 90-65
VARIANCE 90-04 - H & S DEVELOPMENT
May 23 , 1990
Page 3
APPROVED AND ADOPTED THIS 23RD DAY OF MAY, 1990.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
•
BY:/�.,,ero/ - �� tee
S anne r Chitiea "—cce Chairman
a■Air
ATTEST:
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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 May, 1990, by the following vote-to-wit:
AYES: COMMISSIONERS : CHITIEA, MELCHER, TOLSTOY
NOES : COMMISSIONERS: NONE
ABSENT: COMMISSIONERS : MCNIEL, WEINBERGER