HomeMy WebLinkAbout94-44 - Resolutions RESOLUTION NO. 94-44
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE 94-03 A
REQUEST TO REDUCE THE AMOUNT OF COMMON OPEN SPACE FOR A
PROPOSED 20-UNIT RESIDENTIAL DETACHED CONDOMINIUM PROJECT
ON 3.0 ACRES OF LAND IN THE MEDIUM RESIDENTIAL
DEVELOPMENT DISTRICT (8-14 DWELLING UNITS PER ACRE),
LOCATED ON THE NORTH SIDE OF BASE LINE ROAD, WEST OF ALTA
CUESTA DRIVE, AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 202-025-01, 04, 07, AND 08.
A. Recitals.
1. Hr. Ralph Rittenhouse has filed an application for the issuance
of Variance No. 94-03 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 June 1994, 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 June 8, 1994, including written
and oral staff reports, together with public testimony, this Commission hereby
specifically finds as follows:
a. The application applies to property located on the north side
of Base Line Road, west of Alta Cuesta Drive with a street frontage of
441.04 feet and lot depth of 501.44 feet and is presently improved with curb,
gutter and a on-site access along Base Line Road and 31 mature trees on the
property; and
b. The 3-acre subject property is part of a larger 5-acre
"island" of land which is oddly shaped.
c. The property to the north of the subject site is single
family and multiple family residential within the City of Upland, the property
to the south consists of single family dwellings, the property to the east is
vacant and a flood control channel, and the property to the west is a multiple
family residential development within the City of Upland; and
PLANNING COMMISSION RESOLUTION NO. 94-44
VAR 94-03 - RITTENHOUSE
June 8, 1994
Page 2
d. The application contemplates the development of 20 single
family detached homes at a density of 6.7 dwelling units per acre, with a
common open space area with amenities within the project boundaries; and
e. The variance for the reduction in common open space from
35 percent to approximately 25 percent is needed to construct an individual
lot single family detached subdivision on the property; and
f. The Development Code Table 17.08.040(c) requires 35 percent
common open space and 40 percent total open space (private + common) for
development in the Medium Residential Development District, Optional
Development Standards; and
g. The application contemplates only 25 percent common open
space area, but 27 percent of the net lot area as private open space for a
total open space percentage of 52 percent, well in excess of the 40 percent
total open space required by the Development Code; and
h. The application includes the three required minimum number of
common open apace amenities 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
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. 94-44
VAR 94-03 - RITTENHOUSE
June 8, 1994
Page 3
APPROVED AND ADOPTED THIS 8TH DAY OF JUNE 1994.
PLANK '• -SION 0 1H: CITY OF RANCHO CUCAMONGA
BY: ..elthiallIt1W
V4=d B! ker, Ch.irman
ATTEST: (i[ /. .r•l��
Bra• Y
Brad Bul er, 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 June 1994, by the following vote-to-wit:
AYES: COMMISSIONERS: BARKER, LUMPP, NCNIEL, MELCHER
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: TOLSTOY