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HomeMy WebLinkAbout93-48 - Resolutions RESOLUTION NO. 93-48 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE NO. 93-03, A REQUEST TO REDUCE THE MINIMUM BUILDING SEPARATIONS FROM 15 TO 10 FEET, THE MINIMUM BUILDING-TO- CURB SETBACKS FROM 15 TO 8 FEET, AND THE REQUIRED COMMON OPEN SPACE AREA PERCENTAGE FROM 35 PERCENT TO APPROXIMATELY 10 PERCENT OF THE TOTAL PROJECT AREA FOR A PROPOSED RESIDENTIAL SUBDIVISION OF 159 SINGLE FAMILY LOTS ON 24.56 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN AND DEVELOPMENT CODE AREAS, LOCATED BETWEEN FOOTHILL BOULEVARD AND ARROW ROUTE, WEST OF THE CUCAMONGA CREEK FLOOD CONTROL CHANNEL, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 207-211-01, 18 THROUGH 21, 31, 32, AND 34. A. Recitals. (i) Fu Mai Limited Partnership has filed an application for the issuance of a Variance No. 93-03 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 day of June 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. peaolution• 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 June 23, 1993, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to property located between Foothill Boulevard and Arrow Route, west of the Cucamonga Creek Flood Control Channel with a Foothill Boulevard frontage of 378.49 feet, an Arrow Route frontage of 558.21 feet and lot depth of 2,474.03 feet and is presently improved with curb PLANNING COMMISSION RESOLUTION NO. 93-48 VAR 93-03 - FU MAI LIMITED PARTNERSHIP June 23, 1993 Page 2 and gutter along Arrow Route, several building foundations toward the center of the site, and 222 mature trees scattered throughout the site; and (b) The property to the north of the subject site consists of an existing art studio and traffic school, the property to the south is developed with apartments and single family residences, the property to the east is the Cucamonga Creek Flood Control Channel, and the property to the west contains the Can Volante Mobile Home Park, apartments, a market, and vacant land; and (c) The application contemplates the development of 159 single family detached homes at a density of 6.5 dwelling units per acre, and three common open space areas within the project boundaries; and (d) The variance for the minimum building separation of 15 feet is needed to allow side building separations to a minimum of 10 feet in 86 situations throughout the project; and (e) The 15-foot minimum building separation requirement stems from the multiple family development standards (Ordinance No. 465) and is intended specifically for more massive multiple unit buildings where breaking up large building masses is more critical; and (f) The proposed 10-foot building separation is permitted in lower density single family residential zones governed by the Development Code, typical of the proposed density; and (g) The variance for the minimum building to front curb setback of 15 feet is needed to allow homes as close as 8 feet from the front curb in 26 situations throughout the project; and (h) The minimum 15-foot building to curb setback requirement also stems from the multiple family development standards. The intent of this standard is to allow for a landscape setback area of sufficient size to grow large trees to soften the appearance of the larger, more bulky multiple unit residential buildings; and (i) Front yard landscaping is required and conceptually shown in the plan package to aid in softening the appearance of the less massive detached homes from view of the private streets; and (j) The variance for the reduction in common open space from 35 to 10 percent is needed to construct an individual lot single family detached subdivision on the property; and (k) The Development Code Table 17.08.040(c) requires 35 percent common open space, 40 percent total open space (private and common) for development in the Medium Residential Development District, Optional Development Standards; and PLANNING COMMISSION RESOLUTION NO. 93-48 VAR 93-03 - FU MAI LIMITED PARTNERSHIP June 23, 1993 Page 3 (1) The application contemplates only 10 percent common open space area, but 50 percent of the net lot area as private open space for a total open space percentage of 60 percent, well in excess of the 40 percent total open space required by the Development code; and (m) The application includes the required minimum number of common open space amenities (5) per Ordinance No. 465. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facto 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. APPROVED AND ADOPTED THIS 23RD DAY OF JUNE 1993. PLANNING CO ISSION OF THE CITY OF RANCHO CUCAMONGA to I BY: / At , S • .1 arry McNiel, Chairman PLANNING COMMISSION RESOLUTION NO. 93-48 VAR 93-03 - FU MAI LIMITED PARTNERSHIP June 23, 1993 Page 4 _rI/ ATTEST: � � :rad a = , Sa w . 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 June 1993, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE