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Home My WebLink About03-292 - Resolutions RESOLUTION NO. 03-292 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND APPROVING VARIANCE DRC2003-00017 TO REDUCE THE LOT DEPTH FROM 100 FEET TO 80 FEET FOR THE 1.1 ACRE PROPERTY IN THE LOW RESIDENTIAL DISTRICT, LOCATED ON THE WEST SIDE OF KLUSMAN AVENUE, NORTH OF DIAMOND AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 1062-401-05. A. RECITALS. 1. Cecil Carney filed an application for the issuance of Variance No. DRC2003- 00017, 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 27`h day of August 2003,the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and following the conclusion of said hearing, the Planning Commission adopted its Resolution No. 03-114 approving the application. 3. The decision represented by said Planning Commission Resolution was timely appealed to the City Council. Subsequently, the City Planner contacted the appellant and residents within the surrounding neighborhood to discuss their concerns. Said discussions culminated in a meeting with the residents,the City Planner, and the applicant on September 24, 2003. During said September 24, 2003, meeting, the City Planner presented an alternative Site Plan concept based upon the City's standard for a reduced 25-foot radius turnaround, instead of a 38-foot radius cul-de-sac bulb. This alternative offers several advantages: 1)eliminates a need for front setback variance on Lot 3; 2) reduces the amount of variance for lot depth on Lot 3 (lot depth would be 80 feet,the same as Lots 1 and 2; and 3) works within a standard 60 foot right-of-way (no additional dedication needed from existing homeowners). Additionally, the applicant offered to redesign the homes to reduce the footprint to eliminate a need for minor exception for rear setback and delete second floor windows or use frosted "non-vision" glass along the west elevations to maintain privacy of the existing neighborhood. 4. On October 1, 2003, this Council continued the duly noticed public hearing on the appeal to their November 5, and again to their November 19, 2003 agenda. 5. On the 81h day of October 2003,the Planning Commission of the City of Rancho Cucamonga held a public hearing to consider the related Variance DRC2003- 00017 again, including an alternative Site Plan design that eliminated the need for two out of three variances, and following the conclusion of said October 8, 2003 meeting, the Planning Commission adopted its Resolution No. 03-145 approving said Variance. Resolution No. 03-292 Page 2 of 6 6. On November 5, and again on November 19, 2003, this Council conducted a duly noticed public hearing on the application and concluded said hearing on that date. 7. All legal prerequisites prior to the adoption of this Resolution have occurred. B. RESOLUTION. NOW,THEREFORE,it is herebyfound,determined,and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council 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 the substantial evidence presented to this Council during the above- referenced public hearing on November 5, 2003, including written and oral staff reports,the minutes of the above-referenced Planning Commission meeting,and the contents of Planning Commission Resolution No. 03-145, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to a 1.1 acre property located on the west side of Klusman Avenue north of Diamond Avenue,with a street frontage of 304 feet and lot depth of 80 feet (after dedication for Klusman Avenue), and is presently vacant; and b. The property to the north of the subject site is single-family residential; the property to the south across Diamond Avenue is single-family residential;the property to the east across Klusman Avenue is single-family residential; and the property to the west is single-family residential; and c. The existing lot depth of 80 feet precludes the proposed development from complying with the 100-foot minimum lot depth. d. The applicant conducted a meeting on May 14, 2003, at which eight residents attended, to inform surrounding neighborhood residents of the proposed project and to obtain their feedback. e. The proposed lots exceed the minimum standards of the Low Residential District, except for lot depth. The proposed lots range in size from 7,247 square feet to 12,000 square feet, and the average lot size is 8,912 square feet The proposed development exceeds the City's standard for the Low Residential zone of 7,200 square feet minimum and 8,000 square feet average lot size. f. The gross area of the project site as measured to the centerline of Klusman Avenue and Diamond Avenue, is 1.108 acres; therefore, up to 4 homes are allowed in the Low Residential zone (2-4 dwelling units per acre). Project density is 3.61 dwelling units per acre. Resolution No. 03-292 Page 3 of 6 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council 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. The City Council hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15305 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council denies the appeal, upholds the action of the Planning Commission, and hereby approves the application subject to each and every condition below: Planning Division 1) The project shall be developed consistent with the alternative Site Plan layout based upon a reduced radius turnaround as shown on the attached Exhibit"A." 2) The second floor windows on the west elevation shall be deleted or changed to non-vision glass. 3) The Floor Plans shall be modified to reduce the size of the building footprint in order to meet the 20-foot rear yard setback,while maintaining the 32-foot minimum front setback. Resolution No. 03-292 Page 4 of 6 6. This Council hereby provides notice to the appellant and Cecil R. Camey that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 7. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a)certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested,to appellant and Cecil R. Carney at the address identified in City records. Please see the following page for formal adoption,certification and signatures Resolution No. 03-292 Page 5 of 6 PASSED, APPROVED, AND ADOPTED this 19`h day of November 2003. AYES: Alexander, Kurth, Williams NOES: Gutierrez, Howdyshell ABSENT: None ABSTAINED: None t Z U illiam J. lexander, May6r ATTEST: 4&WRaw4) D bra J. A s, CMC, City Clerk I, DEBRA J.ADAMS,CITY CLERK of the City of Rancho Cucamonga,California,do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California,at a Regular Meeting of said City Council held on the 19`h day of November 2003. Executed this 201h day of November 2003, at Rancho Cucamonga, California. Debra J. Adai , CMC, City Clerk Z N 00'29'00'E 121.24' 1000]' __ LCYT3 1 0 2• g LOT 402�r al 1zx19' '-- 5"' 8 PLAN 2 R. PLAN 1 i �.�. `� `� ^n*& o L - - 44'. PLAN 2 7MT y e :.: / CAI�HV.Y �♦ ♦T[d N 43.59' ` N.99' j � .� r. x 5719'03'x ZS < /r' i h o / N0029'00" 107.01' T- NM A O ° n c 1 -- - ---------- z STM "-` rm 11 o vi I N p O fV O] N