HomeMy WebLinkAbout95-58 - Resolutions RESOLUTION NO. 95-58
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE
NO. 95-05, A REQUEST TO WAIVE THE REQUIREMENT FOR COMMON
OPEN SPACE, AMENITIES, AND VISITOR PARKING AND TO REDUCE
THE REQUIRED INTERIOR SITE BOUNDARY SETBACK FROM 20 TO 15
FEET FOR A PROPOSED 5-UNIT DETACHED CONDOMINIUM PROJECT
ON 1.0 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.
A. Recitals.
1. Mr. Ralph Rittenhouse has filed an application for the issuance of Variance No. 95-05 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 property located on the north side of Base Line Road,
west of Alta Cuesta Drive with a street frontage of approximately 149 feet and lot depth of 469.2 feet
and is presently improved with asphalt curb along Base Line Road; and
b. The property to the north of the subject site is single and multiple family residential,
the property to the south consists of single family residences, the property to the east is a flood
control channel, and the property to the west is multiple family residences; and
c. The 1-acre subject property is part of a larger 5-acre "island" of land which is oddly
shaped; and
d. The application contemplates the development of 5 single family detached homes
at a density of 5 dwelling units per acre, with no common open space, amenities, or visitor parking
proposed within the project boundaries; and
PLANNING COMMISSION RESOLUTION NO. 95-58
VAR 95-05 - RITTENHOUSE
November 8, 1995
Page 2
e. The application contemplates the construction of a continuation of the Master Plan
for Tentative Tract 14208, which was approved for the development of 20 detached condominium
units on 3 of the 5 acres within the oddly-shaped "island" of land bounded on three sides by the City
of Upland; and
f. The application contemplates the use of the common open space, amenities, and
visitor parking provided within the adjacent 3-acre portion of the Master Plan, for which a Variance
(Variance No. 94-03)was previously granted by the Planning Commission to reduce the amount of
common open space from 35 percent of the total area of the project to 25 percent on June 8, 1994;
and
g. The Variance for the waiver for common open space, amenities, and visitor parking
on the new portion of the master planned project is to allow for the development of a single family
detached condominium project on the property, each with private open spaces provided behind the
units; and
h. The Development Code Table 17.08.040(c) requires 35 percent common open
space and 40 percent total open space (private and common) for development in the Medium
Residential Development District under Optional Development Standards; and
I. When combining this application to the previously approved portion of the Master
Plan for the 5-acre "island" of land, the resulting total is only 19 percent common open space, but
when combined with the 38.5 percent private open space over the area of both projects within the
Master Planned area, a total of 57.5 percent open space results, well in excess of the 40 percent
total open space required by the Development Code; and
j. When combining the two projects within the Master Planned area, the number of
required recreational amenities within the common open space area would still be in compliance with
the requirements of the Development Code; and
k. The application contemplates the addition of two visitor parking spaces to those
already provided within the larger portion of the Master Planned project area, but not specifically on
the area covered by the application. With the two additional spaces, the minimum requirements of
the Development Code for visitor parking are satisfied; and
I. The application contemplates a reduction in the required 20-foot interior site
boundary setback along the east property line, adjacent to the Cucamonga Creek Flood Control
Channel. A 15-foot interior site boundary setback is proposed in this location; and
m. The purpose of the 20-foot interior site boundary setback in the Medium Residential
Development District was to reduce the potential for land use conflicts between adjoining land uses
associated with having larger scale multiple-unit residential buildings potentially adjacent to such
uses as single family homes and commercial shopping centers; and
n. The application contemplates the construction of single unit detached condominium
buildings, similar in appearance to the typical single family residence; and
o. Single family residences within the density range proposed under this application
(typical of the Low-Medium Residential District) are only required to be 15 feet from an interior site
boundary line, which is the setback proposed under this application; and
p. The Cucamonga Creek Flood Control Channel acts as a further barrier between the
project area and development to the east of the site.
PLANNING COMMISSION RESOLUTION NO. 95-58
VAR 95-05 - RITTENHOUSE
November 8, 1995
Page 3
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.
APPROVED AND ADOPTED THIS 8TH DAY OF NOVEMBER 1995.
PLANNIN •F THE CITY OF RANCHO CUCAMONGA
SJ
BY: S • Li;I S
E. D- id Barker, C •irman
A-4fr
ATTES • 4116
Brad :NNW
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