Loading...
HomeMy WebLinkAbout93-03 - Resolutions RESOLUTION NO. 93-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE NO. 92-07 A REQUEST TO REDUCE THE MINIMUM BUILDING-TO- CURB SETBACK FROM 15 TO 8 FEET FOR ONE BUILDING WITHIN A PROPOSED 32-UNIT TOWNHOME PROJECT ON 3.35 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE) , LOCATED ON THE WEST SIDE OF CARNELIAN STREET AT VIVERO STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 207-022-54 AND 64. A. Recitals. (i) G & D Construction has filed an application for the issuance of Variance No. 92-07 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 13th day of January 1993, 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 January 13, 1993, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to a triangular-shaped property on the west side of Carnelian Street at Vivero Street with a Carnelian Street frontage of 634 feet and lot depth of 346 feet and is presently improved with curb, gutter, and streetside landscaping along Carnelian Street; and (b) The property to the north of the subject site is developed with single family residences and includes some vacant land, the property to the south of that site is the Cucamonga Creek Flood Control Channel, the property to the east is an existing single family residential subdivision, and the property to the west is the Cucamonga Creek Flood Control Channel; and PLANNING COMMISSION RESOLUTION NO. 93-03 VAR 92-07 - G & D CONSTRUCTION January 13, 1993 Page 2 (c) The variance for one interior building-to-curb setback is needed to build the project similar to the previously approved Design Review application (with the only major difference being smaller buildings) . The previous Design Review application was approved by the Planning Commission on October 11, 1989, prior to the adoption of Ordinance No. 465 (the Multiple Family Development Standards revisions) ; and (d) The new related Design Review application incorporates revisions from the originally approved Design Review application that address all other new standards associated with Ordinance No. 465, including but not limited to, additional amenities in common open space areas and increased building and wall separations; and (e) The variance situation will not be visible from Carnelian Street or the future regional trail along Cucamonga Creek, the two primary public vistas to the property. 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. 93-03 VAR 92-07 - G & D CONSTRUCTION January 13, 1993 Page 3 APPROVED AND ADOPTED THIS 13TH DAY OF JANUARY 1993. PLANNING CO.. ISSION OF THE CITY OF RANCHO CUCAMONGA / BY: a Al ► . i/� Lar J . • 1, Chai man ATTEST: ad BMW cre ary 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 13th day of January 1993, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, VALLETTE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY •