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
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