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HomeMy WebLinkAbout09-19 - Resolutions RESOLUTION NO. 09-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2009-00195, A REQUEST TO REDUCE THE REQUIRED BUILDING-TO-BUILDING SEPARATION FROM 20 FEET TO 15 FEET IN ORDER TO ALLOW AN EXISTING 70-SQUARE FOOT STORAGE STRUCTURE THAT WAS BUILT WITHOUT A PERMIT AND IS LOCATED WITHIN THE LOW RESIDENTIAL (L) DISTRICT OF THE ETIWANDA SPECIFIC PLAN AND IS PART OF A SINGLE-FAMILY RESIDENTIAL HOUSING TRACT THAT WAS DEVELOPED USING THE OPTIONAL DEVELOPMENT STANDARDS, LOCATED AT 13755 PELICAN DRIVE - APN: 0226-512-38. A. Recitals. 1. Jeffrey Trickett has filed an application for the approval of Development Review DRC2009-00195, 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 April 22, 2009, and continued to May 13, 2009, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and determined that subject Variance was in conformance with the five required findings and voted to have staff draft a Resolution of Approval to be acted upon at the next Planning Commission meeting. 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 April 22, 2009, and May 13, 2009, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to an existing single-family residence at 13755 Pelican Drive with a lot size of 6,753 square feet; and b. There are existing residences to the north, east, and west of the site and Banyan Street to the south; and C. The original subdivision was developed using the Optional Development Standards in the Etiwanda Specific Plan. The Optional Development Standards require a building separation of 20 feet between dwelling units on adjacent lots; and d. The applicant is requesting a 5 foot reduction in the required 20 foot building separation requirement in order to permit an existing 70-square foot attached storage building. PLANNING COMMISSION RESOLUTION NO. 09-19 VARIANCE DRC2009-00195—JEFFREY TRICKETT May 27, 2009 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. That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objective of this Code, in that, without a reduction in the 20 foot building separation requirement, the applicant would be required to demolish the existing 70-square foot storage structure, which would place an unnecessary hardship on the applicant and require the loss of completed property improvements. b. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or the intended use of the property that do not apply generally to other properties in the same zone, in that the applicant's house is a part of Tract 14759-3, which was developed with a large number of veranda roofs that encroach 2 to 3 feet into the required 20 foot building separation. With the prevalence of nonconforming building separations in the neighborhood, the applicant's request is not out of keeping with the development pattern of the area 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 same zone, in that the Development Code permits encroachments into side yard setbacks for minor detached structures and equipment. Specifically, detached storage structures of less than 120 square feet and less than 6 feet in height are permitted to encroach into the side yard setback. Because of the limited size of the structure (70 square feet), attaching the structure to the main dwelling should not preclude the applicant from locating it in is side yard setback and utilizing the reduced setback privileges that are applicable to minor detached storage structures. 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 zone, in that storage structures of less than 120 square feet are an accepted use on residential lots. e. The granting of the Variance will not be detrimental to the public health, safety, welfare, or materially injurious to the properties or improvements in the vicinity, in that the minor reduction in the building separation requirement will have a negligible effect, if any, on the neighboring residences or property values because the 70-square foot storage structure matches (roofing material, stucco, and color) the existing house and is of similar construction to the other houses in the area. Additionally, the applicant has obtained a letter of support from the adjacent property owner. 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 5 exemption under State CEQA Guidelines Section 15305, which covers minor alterations in land use limitations and includes variances for reductions in building separation requirements. Because the applicant is only requesting a Variance for the reduction in the required building separation requirement, staff finds that there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staff's determination of exemption. PLANNING COMMISSION RESOLUTION NO. 09-19 VARIANCE DRC2009-00195—JEFFREY TRICKETT May 27, 2009 Page 3 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 and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval for a 5 foot reduction in the 20 building separation standard for an existing 70-square foot storage structure, located at 13755 Pelican Drive—APN: 0226-512-38. 2) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's Regulations, Uniform Building Code, or any other City Ordinances. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF MAY 2009. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA Richard B. Fletcher, Chairman ATTEST: 06,�,rt4 R, Jam R. Troyer, AICP, Secret ry I, James R. Troyer, AICP, 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 27th day of May 2009, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: STEWART COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2009-00195 SUBJECT: VARIANCE APPLICANT: JEFFREY TRICKETT LOCATION: 13755 PELICAN DRIVE -APN: 0226-512-38 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date 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 applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 09-19, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s)are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption - $50 X B. Time Limits 1. 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. SC-12-08 1 I:\PLANNINGTINAL\PLNGCOMM\2009 Res&StfRpt\DRC2009-00195 Std Cond 5-271.doc Project NoDRC2009-00195 Completion Date C. Site Development —/—/- 1. The site shall be developed and maintained in accordance with the approved plans which include site plans,architectural elevations,exterior materials and colors, landscaping,sign program,and grading on file in the Planning Department,the conditions contained herein, Development Code regulations, and the Etiwanda Specific Plan, and the Community Plan. 2. Prior to any use of the project site or business activity being commenced thereon,all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Approval of this request shall not waive compliance with all sections of the Development Code,all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 2 I:\PLANNING\FINAL\PLNGCOMM\2009 Res&StfRpt\DRC2009-00195 Std Cond 5-271.doc