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HomeMy WebLinkAbout06-62 - Resolutions RESOLUTION NO. 06-62 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2005-01078,A REQUEST TO REDUCE THE REQUIRED AVERAGE LOT AREA FROM 8,000 SQUARE FEET TO 7,903 SQUARE FEET FOR A 4 LOT SUBDIVISION ON 0.92 ACRE OF LAND IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE), LOCATED 100 FEET NORTH OF VIVERO STREET, ON THE EAST SIDE OF CARNELIAN STREET; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0207-551-73. A. Recitals. 1. Nebs Home Development filed an application for the approval of Variance DRC2005-01078, 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 12th day of July 2006, 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 the substantial evidence presented to this Commission during the above-referenced public hearing on July 12, 2006, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located 100 feet north of Vivero Street, on the east side of Carnelian Street, at the terminus of Candlewood Avenue; and b. The property is currently developed with a.single-family residence; and C. Single-family residences on similar sized lots bound the site on the north, south, and east. Carnelian Street comprises the sites west property line and Candlewood Avenue dead-ends into the sites east property line; and d. The proposed Variance would reduce the required 8,000 square foot average lot size requirement by 93 square feet. Without a reduction in the average lot area requirement the applicant would have to subdivide the site into fewer lots that in turn would be much larger than the majority of existing lots in the surrounding area, which would be inconsistent with the intent of the Development Code; and e. All four lots will face a proposed cul-de-sac extension of Candlewood Avenue. PLANNING COMMISSION RESOLUTION No. 06-62 VARIANCE DRC2005-01078 — NEBS HOME DEVELOPMENT July 12, 2006 Page 2 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. The 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. Without a reduction in the lot area requirement the applicant would have to subdivide the site into fewer lots that in turn would be much larger than the majority of existing lots in the surrounding area, which would be inconsistent with the intent of the Development Code; and b. 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 Low Residential District. The applicant is subdividing a lot that is surrounded by lots that were subdivided at a much earlier date; which has placed constrains on the access and development of the lot that can only be overcome in one of two ways: 1) By subdividing the site into larger lots that are out a character to the surrounding area, or 2) By reducing the 8,000 square foot average lot area requirement by 94 square feet and creating lots that are substantially similar in size and character to the surrounding lots; and C. The 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 Low Residential District. Without the reduction in the average lot area requirement, the site would have to be subdivided into lots that are larger in size and out of character to the lots in the surrounding neighborhood; and d. The granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the Low Residential District. The applicant is requesting to subdivide the site into lots that are at a similar density to the other lots in the surrounding area; and e. 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. The newly created lots will be indistinguishable from the surrounding lots other than being on average 94 square feet smaller in size than the 8,000 square foot lot average requirement. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration,togetherwith all written and oral reports included forthe environmental assessmentfor the application,the Planning Commission finds that there is no substantial evidence that the project will have effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto m and incorporated herein by the reference, based upon the finding as follows: a. Pursuant to the California Environmental Quality Act("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that,with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. PLANNING COMMISSION RESOLUTION No. 06-62 VARIANCE DRC2005-01078 — NEBS HOME DEVELOPMENT July 12, 2006 Page 3 b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it,finds: (i)that the Mitigated Negative Declaration was prepared in compliance with CECA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. C. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. d. Pursuant to the requirements of California Fish and Game Code Section 711.4 and Title 14 of the California Code of Regulations, Section 753.5,the Planning Commission finds, based on the Initial Study, the Mitigated Negative Declaration, and considering the record as a whole, that there is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. This is supported by the fact that the site is presently developed with a single family home, has walls surrounding the entire lot and is surrounded by existing development on all sides. Based on substantial evidence, the Planning Commission hereby makes a declaration rebutting the presumption of adverse effect as set forth in California Department of Fish and Game Regulation 753.5 (Title 14 of the California Code of Regulations Code, Section 753.5.) e. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in paragraphs 1,2,3,and 4 above,this Commission hereby approves the application subject to each and every condition set forth below. Planning Department 1) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents,officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve the applicant of his obligations under this condition. PLANNING COMMISSION RESOLUTION No. 06-62 VARIANCE DRC2005-01078 — NEBS HOME DEVELOPMENT July 12, 2006 Page 4 2) Variance approval shall expire if Building Permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF JULY 2006. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Pamart, Chairman ATTEST: 44-� Jartbs R. Troyer, Secretary I, James R. Troyer, 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 12th day of July 2006, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, McPHAIL, MUNOZ, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS