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HomeMy WebLinkAbout92-126 - Resolutions RESOLUTION NO. 92-126 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE NO. 92-05 FOR A REQUEST TO ALLOW A REDUCTION OF THE REQUIRED INTERIOR SITE BOUNDARY SETBACK FROM 15 TO 10 FEET FOR A PROPOSED 4-UNIT DETACHED CONDOMINIUM DEVELOPMENT LOCATED ON .39 ACRES WITHIN THE MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE) SUBAREA 1 OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT THE NORTHWEST CORNER OF RANCHERIA DRIVE AND RED HILL COUNTRY CLUB DRIVE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 207-123-05 A. Recitals. (i) Kent Wu has filed an application for the issuance of Variance No. 92-05 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 September 1992, 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 September 23, 1992, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to property located at the northwest corner of Rancheria Drive and Red Hill Country Club Drive with a Rancheria Drive frontage of 80 feet and lot depth of 215 feet and is presently unimproved; and (b) The subject property is .39 acres and; therefore, is non-conforming by virtue of being less than the 3-acre minimum lot area required for development in the Medium Residential District; and PLANNING COMMISSION RESOLUTION NO. 92-126 VAR 92-05 - WU September 23, 1992 Page 2 (c) The property to the north of the subject site is an existing community facility, the property to the south of the site consists of single family residences, the property to the east is vacant, and the property to the west is an existing single family residential project; and (d) The property is within the Medium Residential District and governed by the guidelines of the Foothill Boulevard Specific Plan, where single family detached development is permitted; and (e) The application contemplates a reduction in the required interior site boundary setback along the north property line from 15 to 10 feet and a reduction in the required number of on-site recreational amenities from three to one; and (f) The proposed setback reduction to 10 feet along the north property line is in an area where it will serve as an interior side yard for the occupant of the northernmost unit, as shown on the Conceptual Site Plan; and (g) Adjacent properties north and west of the site have buildings separated from the subject site by driveways and parking areas; and (h) The project design proposes four detached dwelling units, each with their own private yard area, which is indistinguishable from traditional single family detached design. Single family detached residential development within the City (except in the Medium Residential Development District) is not required to have on-site recreational amenities. Recreational amenities are required in the Medium Residential zone due to the lack of usable private open space. However, in this situation, the Conceptual Site Plan indicates a 15-foot "rear yard" setback for all units from the west property line, which will provide for a 15-foot minimum flat usable private rear yard area, as minimally required for all detached single family residential development within the City. 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. PLANNING COMMISSION RESOLUTION NO. -92=126 VAR 92-05 - WU September 23, 1992 Page 3 (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 subject to each and every condition set forth below: Planning Division 1) Individual gas and electrical hook-ups for spas and barbeques shall be provided in the private rear yard area of each unit to the satisfaction of the Planning and Building & Safety Divisions. 2) Private rear yard landscaping and irrigation, in addition to common areas, shall be provided by the developer and included in the detailed Landscape/Irrigation Plans. The Landscape/ Irrigation Plans shall be reviewed and approved by the Planning Division, prior to the issuance of building permits. 3) The developer shall provide each prospective homebuyer the option to purchase an amenity package which includes amenities such as, but not limited to, patio furniture, shade structures, and tot lot equipment for individual private rear yard areas. Catalog cuts of the selected amenities shall be reviewed and approved by the Planning Division prior to the issuance of building permits for the project. 4) The developer shall provide each prospective buyer written notice of these conditions, regarding amenities, in a standard format to be approved by the City Planner, prior to accepting a deposit on any property. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 92-126 VAR 92-05 - WU September 23, 1992 Page 4 APPROVED AND ADOPTED THIS 23RD DAY OF SEPTEMBER 1992 PLANNING CO ; ISSION OF THE CITY OF RANCHO CUCAMONGA BY: ./ . .. _ Af Or - arry© McNiel, Chairman ATTEST: 1�1-17�� ��` Br r, rary 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 September 1992, by the following vote-to-wit: AYES: COMMISSIONERS: MCNIEL, MELCHER, VALLETTE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: CHITIEA, TOLSTOY