HomeMy WebLinkAbout09-22 - Resolutions RESOLUTION NO. 09-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2007-00396 TO
REDUCE THE REQUIRED CORNER SIDEYARD SETBACK FROM 27 FEET TO
21 FEET FOR THE PURPOSE OF BUILDING A SINGLE-FAMILY RESIDENCE IN
THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE),
LOCATED AT THE SOUTHEAST CORNER OF AMETHYST AVENUE AND
19TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 0202-111-93.
A. Recitals.
1. Jalal Noorzady filed an application for the issuance of Variance DRC2007-00396 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 25th day of July 2007, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the application and continued the item to an unspecified date.
3. On the 23rd day of January 2008, the Planning Commission of the City of Rancho Cucamonga
continued the item until the February 13, 2008, meeting in order to meet the public notification requirements.
4. On the 13th day of February 2008, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the application and determined that the proposed house was not
compatible with the surrounding neighborhood and that they could not support staff's finding that approval of
the proposed Variance would not be detrimental to the public health, safety,or welfare or materially injurious
to properties or improvements in the vicinity. The Planning Commission voted to have staff draft a Resolution
of Denial to be acted upon at the next Planning Commission meeting.
5. On the 27th day of February 2008, the Planning Commission of the City of Rancho Cucamonga
reviewed the Resolution of Denial. In conjunction with that review,the applicant requested that the Planning
Commission reconsider their recommendation and allow the request to be returned to the Design Review
Committee for further review. The Planning Commission sent the item back to the Design Review Committee
for their review with no action taken on the resolution.
6. On the 24th day of June 2009, 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.
7. 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 June 24, 2009, including written and oral staff reports, together with public testimony, this
Commission hereby specifically finds as follows:
PLANNING COMMISSION RESOLUTION NO. 09-22
VARIANCE DRC2007-00396 - JALAL NOORZADY
June 24, 2009
Page 2
a. The application applies to an undeveloped property located at the southeast corner of
Amethyst Avenue and 19th Street with a street frontage of 40 feet and lot depth bf 122 feet; and
b. The properties to the south, east,and west of the subject site are zoned Low Residential;the
property to the north across 19th Street is zoned Office Professional; and
C. The original project site joined two smaller lots together through a lot line adjustment that
was approved on July 11, 2006; and
d. The applicant submitted a proposal to build a single-family residence on the site which
necessitated a Variance for a reduced corner sideyard setback. The required corner side yard setback is
27 feet, with the applicant requesting a 6-foot reduction to 21 feet; and
e. The minimum corner lot within the Low Residential District is 70 feet. The subject lot is
40 feet wide and has been determined to be a legal non-conforming lot.
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
in that without a reduction in the corner sideyard setback requirement, the site would have to be developed
with a house that is much narrower than the preponderant house width in the surrounding area or within the
Low Residential District.
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 in that the Development Code requires lots in the Low Residential District to have a minimum lot
width of 70 feet. The existing legal non-conforming lot is 40 feet wide,which is much narrower than the lots in
the surrounding 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 the same district in that without the
reduction in the corner sideyard setback requirement,the applicant would be limited to building a 20-foot wide
house, which is much narrower than the other houses in the surrounding area or within the Low Residential
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 in that the proposed reduction in the
corner sideyard setback will allow the applicant to develop a house with a width no greater than the other lots
in the surrounding area or within the Low Residential 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 in that the applicant proposes to
build a single-family residence which will not be out of character from the other houses in the surrounding
area and that will meet all related Development Code requirements, except for the corner sideyard setback
requirement. Additionally,the applicant has made a great effort to reduce the overall bulk of the house and to
limit the number of second story windows facing the existing house to the east.
PLANNING COMMISSION RESOLUTION NO. 09-22
VARIANCE DRC2007-00396 - JALAL NOORZADY
June 24, 2009
Page 3
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 sideyard setbacks. Because the applicant is only
requesting a variance for the reduction in the required sideyard setback, 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.
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
attached Standard Conditions incorporated herein by this reference.
Planning Department
1) Approval is forthe reduction in the required cornersideyard setbackfrom 27 feet
to 21 feet.
2) Print a copy of the Resolution and Conditions of Approval on the plans when
they are submitted for Plan Check.
3) The applicant shall obtain all the necessary permits from the Building and Safety
Department.
Engineering Department
1) Certificate of Compliance for Lot Merger No. 630, recorded August 16, 2006,
Doc No. 2006-0559196. No further work on this is required.
2) The drainage runoff from this developed site shall not adversely affect the
existing homes/lots adjacent and downstream of this site.
3) Submit an application to the Engineering Department to revise the City public
improvement plans for the required missing public improvements on Amethyst
Avenue. Revise existing Drawing No.1956, Sheets 1, 2 and 3 to show the new
drive approach location(width and centerline). Remove and replace the existing
curb & gutter and existing sidewalk in order to construct the new wider drive
approach. Also, show all existing street trees, proposed new street trees and
existing trees to be removed, if any, to accommodate new widened drive
approach. On the Title Sheet (Sheet 1), fill in the street tree table and
construction notes. All revisions shall be by a registered Professional Engineer
and approved by the City Engineer.
4) Public improvement plans shall be 90 percent complete prior to the issuance of
grading permits. Public improvement plans shall be 100 percent complete,
signed by the City Engineer prior to building permit issuance.
5) Parkways shall slope at 2 percent from the top-of-curb to 1 foot behind the
sidewalk along all street frontages.
PLANNING COMMISSION RESOLUTION NO. 09-22
VARIANCE DRC2007-00396 - JALAL NOORZADY
June 24, 2009
Page 4
6) Prior to the issuance of building permits, a Diversion Deposit and related
administrative fees shall be paid for the Construction and Demolition Diversion
Program. The deposit is fully refundable if at least 50 percent of all wastes
generated during construction and demolition are diverted from landfills, and
appropriate documentation is provided to the City. Form CD-1 shall be
submitted to the Engineering Department when the first building permit
application is submitted to Building and Safety. Form CD-2 shall be submitted to
the Engineering Department within 60 days following the completion of the
construction and/or demolition project.
7) Prior to the issuance of building permits, the applicant shall pay development
fees at the rates adopted by City Council and which are periodically adjusted.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 24TH DAY OF JUNE 2009.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Richard B. Fletcher, Chairman
ATTEST: R.
JaR. Troyer, AICP, Secre ry
I, James R. Troy r, 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 24th day of June 2009, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT#: DRC2007-00396
SUBJECT: VARIANCE
APPLICANT: JALAL NOORZADY
LOCATION: SOUTHEAST CORNER OF AMETHYST AVENUE AND 19TH STREET - APN: 0202-111-05
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. 09-22, 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 Review 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
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Project No. DRC2007-00396
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, and the
Development Code regulations.
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. Revised site plans and building elevations incorporating all Conditions of Approval shall be
submitted for Planning Director review and approval prior to the issuance of building permits.
5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for
consistency prior to issuance of any permits (such as grading, tree removal, encroachment,
building, etc.) or prior to final map approval in the case of a custom lot subdivision,or approved
use has commenced, whichever comes first.
6. 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.
7. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be
located out of public view and adequately screened through the use of a combination of concrete
or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For
single-family residential developments, transformers shall be placed in underground vaults.
8. Street names shall be submitted for Planning Director review and approval in accordance with the
adopted Street Naming Policy prior to approval of the final map.
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