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HomeMy WebLinkAbout95-52 - Resolutions RESOLUTION NO. 95-52 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING VARIANCE NO. 95-06, A REQUEST TO REDUCE THE ACTIVITY CENTER PARKING SETBACK FROM 50 FEET TO 38 FEET FOR THE DEVELOPMENT OF A RESTAURANT AND CONVERSION OF TWO SINGLE FAMILY RESIDENCES TO COMMERCIAL USES IN THE SPECIALTY COMMERCIAL DESIGNATION (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD BETWEEN ARCHIBALD AND KLUSMAN AVENUES, AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 208-153-08 THROUGH 11 AND 23.• A. Recitals. 1. Ana Campos has filed an application for the issuance of Variance No. 95-06 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application." 2. On the 8th day of November 1995, 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. 3. 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 November 8, 1995, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to five properties located on the north side of Foothill Boulevard between Archibald and Klusman Avenues with a combined street frontage of 300 feet and lot depth of 130 feet which are presently improved with four single family residences and an adandoned cafe; and b. The property to the north of the subject site is designated for commercial uses and is developed with single family residences. The property to the south is designated for commercial uses and is developed with a fast food restaurant. The property to the east is designated for commercial uses and is developed with an abandoned, potentially historic gas station. The property to the west is designated for commercial uses and is developed with a single family residence; and PLANNING COMMISSION RESOLUTION NO. 95-52 VAR 95-06 - CAMPOS November 8, 1995 Page 2 c. The application has been submitted to accommodate a related request to modify a previously approved application for a restaurant (Development Review No. 93-15) which would increase the floor area from 1,600 square feet to 2,530 square feet and require the removal of two local historic landmark structures in conjunction with a request for Landmark Alteration Permit 95-03; and d. The four residences were designated as Landmarks by the Historic Preservation Commission on October 4, 1994, because of the context and setting in which they were located. The block bounded by Estacia Court, Archibald Avenue, Foothill Boulevard, and Klusman Avenue is one of the few remaining blocks intact from the 1910s and 1920s; and e. The previous application approved by the Planning Commission (Development Review 93-15) complied with the Foothill Boulevard parking setback while preserving the structures; and f. The preservation of four historic structures created unique and exceptional circumstances that will be eliminated with the removal of two of the residences; and g. No evidence has been submitted by the applicant to support the findings necessary to grant the subject variance request. 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. 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. PLANNING COMMISSION RESOLUTION NO, 95-52 VAR 95-06 - CAMPOS November 8, 1995 Page 3 APPROVED AND ADOPTED THIS 8TH DAY OF NOVEMBER 1995. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: v � E. D- id - ATTEST: artier Brad �ret711. 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 8th day of November 1995, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY