The URL can be used to link to this page

Home My WebLink About20-14 ResolutionRESOLUTION NO. 20-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TIME EXTENSION DRC2019-00939, A REQUEST TO ALLOW FOR A ONE (1) YEAR TIME EXTENSION OF A PREVIOUSLY APPROVED VARIANCE (DRC2012- 00135) TO REDUCE THE MINIMUM LOT DEPTH FROM 150 FEET TO 124 FEET ON LOT#9 OF TENTATIVE TRACT MAP SUBTT18823 IN THE VERY LOW (VL) DISTRICT OF THE ETIWANDA NORTH SPECIFIC PLAN (.1 TO 2 DWELLING UNITS PER ACRE) LOCATED ON THE WEST SIDE OF WARDMAN BULLOCK ROAD, SOUTH, AND EAST OF BLUE SKY COURT; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0226-081-15, 16 AND 17 A. Recitals. 1. Youlita and Kiryakos, LLC. filed an application for the extension of the approval of Variance DRC2012-00135, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance Time Extension request is referred to as "the application." 2. On January 23, 2013, this Commission adopted Resolution No. 13-08, thereby approving the application subject to specific conditions and time limits. 3. On February 14, 2018, the Planning Commission of the City of Rancho Cucamonga approved Variance Time Extension DRC2017-00952 which extended the approval for a period by 2-year to January 23, 2020. 4. On February 12, 2020, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. 5. All legal prprequisites 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 substantial evidence presented to this Commission during the above - referenced public hearing on February 12, 2020, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The project site consists of two rectangular -shaped parcels and one puzzle - shaped parcel totaling 12.93 acres of land in the Very Low (VL) District of the Etiwanda North Specific Plan. The parcels are vacant except for two unfinished residences on Lots #12 and #15; and b. The existing Land Use, General Plan and Zoning designations for the project site and adjacent properties are as follows: PLANNING COMMISSION RESOLUTION NO. 20-14 TIME EXTENSION DRC2019-00939 (VARIANCE) — YOULITA AND KIRYAKOS, LLC February 12, 2020 Page 2 Land Use General Plan Zoning Site Partially Completed Very Low Very Low (VL) Residential District* Residential Development Residential North Vacant Land and 3 Single Very Low Very Low (VL) Residential District* Family Residences Residential South Single Family Residences Resy Lowl Very Low (VL) Residential District* East Single Family Residences Low Low (L) Residential District Residential West Flood Control Basin Conservation Flood Control FC District `Etiwanda North Specific Plan ENSP C. The subdivision of the project site conforms to all applicable development standards of the Etiwanda North Specific Plan (ENSP) for the Very Low (VL) District except for the need for a Variance (DRC2012-00135) to reduce the required lot depth from 150 feet to 124 feet on Lot #9 due to site constraints and Minor Exception (DRC2012-00513) to allow for walls up to 8 feet in height on Lots #1, #9 and #10; and d. This application is a request to extend the approval period of Minor Exception DRC2012-00135 for one (1) additional year. The time extension is necessary to allow time to complete the final map process for Tentative Parcel Map SUBTT18823. 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. Strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Code. Without the lot depth reduction for Lot #9, the applicant would be required to redesign the proposed subdivision, potentially reducing the number of lots and placing an unnecessary physical hardship on the applicant. The subject lot exceeds all of the development criteria for the Very Low (VP) District, except for iot depth. The subject lot is oriented with the long side parallel to the street and the shorter sides perpendicular to the street. The front lot line for interior lots is required to be the lot line parallel with the street, which dictates the orientation of the lot. The current orientation was utilized to design the tract around an existing single-family residence constructed north of the proposed lot along the south boundary of the project site. The subject lot will be able to provide all the amenities that the other lots in the area provide including the keeping of horses. b. 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 zone. The tract layout was dictated by the two partially constructed residences on the project site that were permitted by the County of San Bernardino. Other than lot depth, Lot #9 was designed to meet the minimum development requirements of the Very Low (VL) District of the Etiwanda North Specific Plan, though, with an alternative lot orientation similar to Lot #10 to the east (which is a corner lot in which the front lot line is the shorter lot line). C. 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 zone. PLANNING COMMISSION RESOLUTION NO. 20-14 TIME EXTENSION DRC2019-00939 (VARIANCE) — YOULITA AND KIRYAKOS, LLC February 12, 2020 Page 3 The applicant can meet the spirit of the Code by providing a lot with dimensions similar to the adjacent lots, with the exception of the minimum lot depth requirement. Lot #9 of the subdivision will provide a development opportunity for the future development of a residence that will be compatible with surrounding properties and will provide the ability to keep horses, consistent with Equestrian Overlay District. The applicant has designed the subdivision to provide the maximum lot sizes and depths achievable within the constraints of the project site. Accordingly, a 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. 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. 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, as Lot #9 has a similar lot configuration to the adjacent lot to the east (Lot #10). e. 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. The reduction in lot depth on Lot #9 will not be detrimental to the properties in the surrounding area as the lot will meet all meet all the related development criteria of the district, but with different lot orientation, similar to Lot #10 to the east. f. The extension is within the time limits established by State law and local ordinance which allow for an additional one (1) year time extension. 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City adopted a Mitigated Negative Declaration on January 23, 2013, in connection with the City's approval of Tentative Tract Map SUBTT18823, Variance DRC2012- 00135, and Minor Exception DRC2012-00513. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental E1R or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (11) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicate new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. b. The Planning Commission finds, in connection with Tentative Tract Map SUBTT18823, Variance DRC2012-00135 and Minor Exception DRC2012-00513 that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration. The application is for a one (1) year time extension of a previously approved Variance PLANNING COMMISSION RESOLUTION NO. 20-14 TIME EXTENSION DRC2019-00939 (VARIANCE) — YOULITA AND KIRYAKOS, LLC February 12, 2020 Page 4 with no proposed changes to the scope of the original approval. Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, not have more severe effects than previously analyzed and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. C. Based on these findings and all evidence in the record, the Planning Commission concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of Tentative Tract Map SUBTT18823, Variance DRC2012-00135, and Minor Exception DRC2012-00513. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3 and 4 above, this Commission hereby grants a time extension. The new expiration date for Minor Exception DRC2012-00135 is January 23, 2021. 6. All applicable Conditions of Approval in Resolution No. 13-08 and incorporated Standard Conditions in Resolution 13-08 for DRC2012-00135 and the attached Standard Conditions incorporated herein by this reference shall apply to Time Extension DRC2019-00939. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF FEBRUARY 2020. PLANNING CO ISSION OF THE CITY OF RANCHO CUCAMONGA BY: To y Guglielm , Chairman ATTEST:V/- (—Airne- McIntosh, AICP, Secretary I, Anne McIntosh, 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 12th day of February 2020, by the following vote -to -wit: AYES: COMMISSIONERS: GUGLIELMO, OAXACA, DOPP, MORALES NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: WILLIAMS ABSTAIN: COMMISSIONERS: