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HomeMy WebLinkAbout10-47 - Resolutions RESOLUTION NO. 10-47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2009- 00863 TO REDUCE THE SIDE YARD SETBACK FROM 5 FEET TO 6 INCHES TO ALLOW AN EXISTING 140 SQUARE FOOT STORAGE STRUCTURE LOCATED WITHIN THE VERY LOW RESIDENTIAL (VL) DISTRICT AT 5753 INDIGO AVENUE - APN: 1043-121-10. A. Recitals. 1. Pete S. Babcock filed an application for the approval of Development Review DRC2009-00863, 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 October 27, 2010 the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application, after which it determined that subject Variance was in conformance with the five required findings and voted to direct staff to 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. The record of the hearing on October 27, 2010 indicates the following: a. The application applies to an existing single-family residential property at 5753 Indigo Avenue in the Very Low Residential Development District. b. There are existing residences to the north, east, south and west of the site. C. Section 17.08.060 of the Development Code requires storage shed with a floor are greater than 120 square feet to meet the setback requirements for the development district in which it is located. The applicable setback in this case is 5 feet. d. The applicant constructed a 140 square foot storage shed without a building permit and only six inches from the property line. The subject storage shed is therefore within the within the required 5-foot setback. The eave of the subject storage shed also improperly overhangs onto an equestrian trail easement. e. The applicant is requesting a 4 foot — 6 inch reduction in the required 5 foot rear yard accessory structure setback requirement in order to permit an existing 140-square foot storage building. f. Due to other improvements on the property, including plantings and other landscape improvements, there are no'other locations on the property to locate a shed. PLANNING COMMISSION RESOLUTION NO. 10-47 VARIANCE DRC2009-00863 — PETE S. BABCOCK November 10, 2010 Page 2 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing, including but not limited to the facts stated in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. Strict or literal interpretation and enforcement of the setback requirement in this case would result in practical difficulty and unnecessary hardship that are inconsistent with the objectives of the Municipal Code because the applicant would otherwise be required to remove the existing 140 square foot shed for which there is no other suitable location on the property, and there are existing site improvements that would have to be removed if the storage structure were to meet the minimum setback. b. There are exceptional and extraordinary conditions applicable to the subject property and its intended use that do not generally apply to other properties in the same zone because the subject shed is an architecturally integrated amenity and there are other landscape improvements that would have to be removed in order to meet the setback requirement. C. Strict or literal interpretation and enforcement of.the setback requirement would deprive the applicant of privileges enjoyed by owners of other properties in the same zone because detached storage sheds are a common improvement in the very low residential zone. d. Granting the applicant's variance request will not constitute a grant of special privilege inconsistent with limitations on other properties in the same zone because detached storage structures are permitted on all residential lots and are common in the surrounding neighborhood. e. Granting the applicant's variance request will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity because the reduction in the setback requirement will have only a negligible effect on the neighboring residences, the storage structure was designed to match the existing residence, and the applicant will still have to comply with all other sections of the Development Code, State Fire Marshal's Regulations, Uniform Building Code, or any other City Ordinances. 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 setback requirements. Because the applicant is only requesting a Variance for the reduction in the required building setback 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 staffs 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 COMMISSION RESOLUTION NO. 10-47 VARIANCE DRC2009-00863— PETE S. BABCOCK November 10, 2010 Page 3 Planning Department 1) Approval for a 4 foot — 6 inch reduction in the 5 foot rear yard accessory building setback standard for an existing 140-square foot storage structure, located at 5753 Indigo Avenue - APN: 1043-121-10. 2) The applicant shall remove the portion of the roof eave overhanging the 20 foot wide equestrian easement and install a rain gutter so that the roof of the storage structure does not drain onto the trail. 3) The storage structure must not encroach onto or over the adjacent parcel to north of the subject property. 4) 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 10TH DAY OF NOVEMBER 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY. Luis Munoi, Jr., Chairman h'lutiGZ ATTEST: JameV. 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 10th day of November 2010, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: WIMBERLY COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: DRC2009-00863 SUBJECT: VARIANCE APPLICANT: PETE BABCOCK LOCATION: 5753 INDIGO AVENUE -APN: 1043-121-10 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. 10-47, 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:\PLANNING\FINAL\PLNGC0MM\2010 Res & Stf Rpt\DRC2009-00863stndcond 11-10 final.doc Project NoDRC2009-00863 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 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. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710, FOR COMPLIANCE: APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE 2 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2009-00863stndcond 11-10 final.doc