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HomeMy WebLinkAbout14-17 - Resolutions RESOLUTION NO. 14-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE NO. DRC2014-00112 TO REDUCE THE MINIMUM NET AVERAGE LOT SIZE IN CONNECTION WITH TENTATIVE PARCEL MAP SUBTPM19505 LOCATED IN THE NORTHEAST CORNER OF 24TH STREET AND CENTER AVENUE IN THE LOW (L) RESIDENTIAL DEVELOPMENT DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0209-122-01. A. Recitals. 1. Christopher Ehe, on behalf of Royal Falcon Investment Company, LLC, filed an application for the issuance of Variance No. DRC2014-00112 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 28th day of May 2014, 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 May 28, 2014, 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 northeast corner of 24th Street and Center Avenue with a street frontage of approximately 142 feet and lot depth of approximately 110 feet and is presently vacant land; and b. The property to the north of the subject site is single-family residential,the property to the south consists of single-family residential,the property to the east is single-family residential, and the property to the west is also single-family residential; and C. The project includes the concurrent submittal of Tentative Parcel Map SUBTPM19505, which proposes the subdivision of the subject parcel into two (2) parcels for residential purposes; and PLANNING COMMISSION RESOLUTION NO. 14-17 VARIANCE DRC2014-00112 — ROYAL FALCON INVESTMENT COMPANY, LLC May 28, 2014 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 regulations would not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code, in that both parcels meet the requirements of the Development Code for minimum lot area. The lots (7,627 square feet and 7,920 square feet) will be just short a few square feet in meeting the minimum net average for parcel area which is 8,000 square feet. 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 the proposed lots are consistent with the smaller lots generally seen in the neighborhood. 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 lots proposed are larger than most lots in the vicinity. With the exception of meeting the minimum net average for parcel area, the proposed subdivision was designed to meet all applicable development standards of the Development Code. 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 lots will have to meet all applicable Development Code requirements such as lot width, depth, and any future proposed development of the site will be subject to the setback requirements and lot coverage. The size and configuration of the lots are consistent with the neighborhood. 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 minimum net average for two parcels and all other Development Code requirements will still have to be adhered to. 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission findsthatthere is no substantial evidencethatthe projectwill have a significant effect upon the environment and adopts a Negative Declaration, 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 there was no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration. b. The Planning Commission has reviewed the Negative Declaration and all comments received regarding the Negative Declaration and, based on the whole record before it, PLANNING COMMISSION RESOLUTION NO. 14-17 VARIANCE DRC2014-00112 — ROYAL FALCON INVESTMENT COMPANY, LLC May 28, 2014 Page 3 finds: (i)that the Negative Declaration was prepared in compliance with CEQA; and (ii)that there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Negative Declaration. C. The custodian of records for the Initial Study, Negative Declaration and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the City Planner 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) Approval of Variance DRC2014-00112 is for the reduction of the minimum net average for parcel area from 8,000 square feet to 7,627 square feet, in conjunction with Tentative Parcel Map SUBTPM19505. 2) Approval of the Variance is contingent on the approval of Tentative Parcel Map SUBTPM19505 by the Planning Commission. 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 requirements of the Development Code. 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 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. PLANNING COMMISSION RESOLUTION NO. 14-17 VARIANCE DRC2014-00112 — ROYAL FALCON INVESTMENT COMPANY, LLC May 28, 2014 Page 4 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF MAY 2014. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Ad&ZJZ rances Howdyshell, Chairman ATTEST: Candy e urnett, Secretary I, Candyce Burnett, retary 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 28th day of May 2014, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: WIMBERLY ABSTAIN: COMMISSIONERS: NONE