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HomeMy WebLinkAbout13-08 - Resolutions RESOLUTION NO.13-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2012-00135, A REQUEST TO REDUCE THE LOT DEPTH FROM 150 FEET TO 124 FEET ON LOT 9 IN THE VERY LOW RESIDENTIAL DISTRICT OF THE ETIWANDA NORTH SPECIFIC PLAN, LOCATED ON THE WEST SIDE OF WARDMAN BULLOCK ROAD SOUTH AND WEST OF BLUE SKY COURT;AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0226-081-15 16 AND 17. A. Recitals. 1. Mr. Jonathan Curtis, legal receiver forthe properly,filed an application forthe approval of Variance DRC2012-00135, 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 9th day of January 2013, and continued to the 23rd day of January, 2013, the Planning Commission of the City of Rancho Cucamonga conducted a 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 January 9, 2013, and January 23, 2013, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located on the west side of Wardman Bullock Road south and west of Blue Sky Court with a street frontage of approximately 778 feet and lot depth of approximately 633 feet and is presently vacant land; and b. The property to the north of the subject site is vacant flood control property and three single-family residences, the property to the south is vacant land, the property to the east across Wardman Bullock Road consists of existing single-family residences, and the property to the west is the flood control basin; and c. The proposed use together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity as the reduced lot depth of Lot 9 has similar measurement as adjacent lots in similar to ; and d. The project includes the concurrent submittal of Minor Exception DRC2012-00135 to increase the wall heights on Lots 1, 9 and 10 to a maximum calculated height of 8 feet (8') and PLANNING COMMISSION RESOLUTION NO. 13-08 DRC2012-00135 — JONATHAN C. CURTIS January 23, 2013 Page 2 Tentative Tract Map SUBTT18823, a subdivision of approximately 12.93 acres of land into 19 single-family residential lots. 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 the Lot 9 meets the requirements of the Development Code for minimum lot area. The lot is oriented with the long side parallel to the street and the shorter sides perpendicular to the street which makes the lot depth short of the required 150 feet by 26 feet. The current orientation was utilized to design the tract around an existing single-family residence constructed north of the proposed lot, the south boundary and still meet the requirements for the private street. The lot will still be able to provide all the amenities that the other lots in the area contain but will be oriented differently. 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 as Lot 9 is designed to meet the minimum requirements of the Development Code but it is oriented opposite of the lots to the north and west. The lot is oriented with the long side parallel to the street and the shorter sides perpendicular to the street which makes the lot depth short of the required 150 feet by 26 feet. 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 as the applicant can meet the spirit of the code by providing a lot that has similar measurement as adjacent lots. With the exception of the minimum lot depth requirement, the proposed subdivision was designed to meet all applicable development standards of the Etiwanda North Specific Plan. The proposed subdivision provides for the development of homes that will be architecturally compatible with surrounding properties, and provide the potential for equestrian use consistent with surrounding properties. The applicant has designed the subdivision to provide the maximum lot sizes and depths achievable within the constraints of the property and the minimum lot depth has been achieved on all lots except Lot 9, and strict interpretation and enforcement of the minimum lot depth requirement would deprive the applicant of privileges enjoyed by the owners of other properties in the 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 as the applicant has designed the subdivision to provide the maximum lot depths achievable within the constraints of the property and creates an equestrian community compatible with adjacent developments. The granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the district because the configuration of the proposed subdivision is compatible with Lot 10 within the proposed subdivision. The lot will also have to meet all the setback and height requirements of the 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 as it will only reduce the lot depth and all other Development Code requirements will still have to be adhered to. PLANNING COMMISSION RESOLUTION NO. 13-08 DRC2012-00135 — JONATHAN C. CURTIS January 23, 2013 Page 3 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 thatthe project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached to Planning Commission Resolution No. 13-07 approving Tentative Tract Map 18823, and incorporated herein by this reference, based upon the findings 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. 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 CEQA; 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 furtherfinds 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. 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 and the Mitigation Measures provided for Tentative Tract Map 18823. Planning Department 1) Approval of Variance DRC2012-00135 is for the reduction of the lot depth from 150 feet to 124 feet on Lot 9 of Tentative Tract Map SUBTT18823. 2) Approval of the Variance is contingent on the approval of Tentative Tract Map 18823 by the Planning Commission. PLANNING COMMISSION RESOLUTION NO. 13-08 DRC2012-00135 — JONATHAN C. CURTIS January 23, 2013 Page 4 3) The subdivision will be developed in accordance with the plans on-file in the Planning Department, as approved by the Planning Commission. 4) Future house product for the subdivision shall adhere to the architectural requirements and guidelines of the Etiwanda North Specific Plan. 5) 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. 6) Prior to any use of the project site, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 7) 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. 4. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF JANUARY 2013. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Frances Howdyshell, Chairman ATTEST: Ca r& Burnett, Senior Planner I, Candyce Burnett, Senior Planner for 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 23rd day of January 2013, by the following vote-to-wit: PLANNING COMMISSION RESOLUTION NO. 13-08 DRC2012-00135 —JONATHAN C. CURTIS January 23, 2013 Page 5 AYES: COMMISSIONERS: FLETCHER, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HOWDYSHELL ABSTAIN: COMMISSIONERS: NONE