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HomeMy WebLinkAbout03-65 - Resolutions RESOLUTION NO. 03-65 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2003-00256, A REQUEST TO REDUCE THE REQUIRED CORNER SIDE YARD SETBACK FROM 27 TO 13 FEET AND TO INCREASE THE WALL HEIGHT UP TO 10 FEET FOR SOUND ATTENUATION ALONG THE SOUTH, EAST, AND WEST PROPERTY BOUNDARYTOALLOW FORTHE CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE IN THE LOW RESIDENTIAL DISTRICT(2-4 DWELLING UNITS PER ACRE)WITHIN THE NORTHTOWN AREA FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF MAIN STREET AND HERMOSA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 0209-085-16. A. Recitals. 1. Northtown Development Corporation has filed an application for the approval of Variance DRC2003-00256, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 9th day of April 2003, the Planning Commission of the City of Rancho Cucamonga conducted a 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 the substantial evidence presented to this Commission during the above- referenced hearing on April 9, 2003, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to an in-fill parcel with a lot width of 49.98 feet and a lot depth of 170 feet and the parcel is presently vacant. The comer side yard is the parcel frontage along Hermosa Avenue; and b. The parcel is bounded by Main Street to the north, Hermosa Avenue to the east,the Metrolink railroad to the south, and an existing single-family residence to the west; and c. The application was filed in conjunction with a request for Development Review DRC2002-00951 and Variance DRC2002-00950 to construct affordable single-family residences on 9 in-fill lots; and d. The application contemplates construction of a one-story residence; and e. Allowing a variance to reduce the required comer side yard setback, and to increase the wall height would not grant special privilege to the subject property and would allow for affordable PLANNING COMMISSION RESOLUTION NO. 03-65 DRC2003-00256— NORTHTOWN HOUSING DEVELOPMENT CORPORATION April 9, 2003 Page 2 single-family homes as part of an affordable housing in-fill program within the community consistent with the surrounding development pattern. f. The parcel's comer side yard frontage is Hermosa Avenue.The Development Code requires comer side yard setbacks at a minimum of 27 feet as measured from curb face. The applicant proposes a setback of 13 feet(requesting a reduction of 14 feet). The parcel is 49.98 feet wide, which is 20 feet narrower than the required 70 feet required for comer lots in the Low Residential District. g. The parcel is constrained by access limitations along Hermosa Avenue; hence, preferred driveway access is from Main Street. Minimum driveway width dictates the positioning of any home on this lot. The Development Code requires a minimum 5-foot interior side yard setback; however, the driveway width necessitates a 12-foot setback. To impose the required setback on the identified lot would place an unnecessary hardship on the property, requiring a very narrow and difficult building footprint width of 17.98 feet for development (see Exhibit "B" in Planning Commission Staff Report dated April 9, 2003). h. Research and a field survey indicates that many of the lots in the area,on the south side of Feron Boulevard, have a variety of standard and substandard lot sizes, lot widths, and side yard setbacks. As a single story home, the proposed reduction in setback would not create a large building mass along the street. The proposed development would be consistent with the immediate area. i. The parcel is unique because it is adjacent to Metrolink railroad tracks, located to the south; therefore, the site is subject to noise levels exceeding the 60dBA City standard. A noise study (Gordon Bricken & Associates — February 13, 2003) was prepared for the project that recommends a sound wall up to 10 feet in height along the south, east, and west property boundary as mitigation. The City's maximum permitted wall height is 6 feet in residential zones. The majority of land within the Low Residential District is not adjacent to the railroad; hence, is not exposed to excessive noise. The sound attenuation walls are necessary noise mitigation forthe future residents to provide a safe and enjoyable living environment. 3. Based upon the substantial evidence presented to this Commission during the above- referenced meeting 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 regulation would result in practical difficulty or unnecessary physical hardship for the applicant, thereby denying him the ability to develop affordable housing for the community. b. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of this 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,and would not enable development consistent with the objective of the project, which is to construct affordable single-family homes to provide needed housing in the community. PLANNING COMMISSION RESOLUTION NO. 03-65 DRC2003-00256 — NORTHTOWN HOUSING DEVELOPMENT CORPORATION April 9, 2003 Page 3 d. That the granting of the variance would 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. This Commission 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(a)of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the application. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF APRIL 2003. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: S ' L ry T.611iel, Chairman ATTEST: B d Buller, cr ary 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 9th day of April 2003, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MCNIEL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE