HomeMy WebLinkAbout04-272 - ResolutionsRESOLUTION NO.04-272
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE
ACTION OF THE PLANNING COMMISSION AND APPROVING
HILLSIDE DEVELOPMENT REVIEW DRC2003-00961, A
REQUEST TO CONSTRUCT A 3,628 SQUARE FOOT SINGLE-
FAMILY HOME ON LOT 12 OF TRACT 10035 IN THE LOW
RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE),
LOCATED AT 8045 CAMINO PREDERA; AND MAKING FINDINGS
IN SUPPORT THEREOF — APN: 0207-631-02.
A. RECITALS.
1. Mike and Wendy Stachowiak filed an application for the approval of
Development Review DRC2003-00961, 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 the 26th day of May 2004, the Planning Commission of the City of Rancho
Cucamonga conducted a meeting on the application and concluded said meeting
on that date by the adoption of Resolution 04-69.
3. The decision represented by said Planning Commission Resolution was
appealed in a timely manner to this Council by Lynn and Renee Massey.
4. On July 7, 2004, the City Council of the City of Rancho Cucamonga conducted a
duly noticed public hearing on the application and continued the item to July 21,
and August 18, 2004, respectively.
5. All legal prerequisites prior to the adoption of this Resolution have occurred.
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NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council
of the City of Rancho Cucamonga as follows:
1. This Council 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 Council during the
above -referenced public hearing on July 7, 21, and August 18, 2004, including
written and oral staff reports, the minutes of the above -referenced Planning
Commission meeting, and the contents of Planning Commission Resolution No.
04-69, and together with public testimony, this Council hereby specifically finds
as follows:
a. The application applies to property located at 8045 Camino Predera, with a
street frontage of 82 feet and lot depth of 181 feet; and
Resolution No. 04-272
Page 2 of 4
b. The subject property is on the downhill side of Camino Predera, with slope
gradient of approximately 20-30 percent, and is approximately 40 feet below
street grade at the rear (south) property line; and
c. The application proposes to construct a single-family house with the upper
floor level approximately matching the street grade of Camino Predera; and
d. The properties to the northeast have been developed with single-family
homes. The properties to the north, east, and west are presently vacant; and
e. The site is vacant and contains no vegetation other than native shrubs and
grasses with a row of mature Silk Oaks along the south property line; and
f. A 15-foot private drainage and equestrian easement exists along the rear of
the site that is shared equally with property owners to the north; and
g. The proposed development is consistent with single-family development in
the area (Tract 10035); and
h. The applicants are proposing to develop a 3628 square foot split level house
on a lot that is subject to the City's Hillside Development Regulations.
The applicants have met with staff and the appellants, and have agreed
upon revised plans allowing a maximum height of the roof to be no greater
than 14 feet, 0-inches above the street curb elevation.
3. Based upon the substantial evidence presented to this Council during the above -
referenced meeting and upon the specific findings of facts set forth in
paragraphs 1 and 2 above, this Commission hereby finds and concludes as
follows:
a. The proposed project is consistent with the objectives of the General Plan;
and
b. The proposed use is in accord with the objectives of the Development Code
and the purposes of the district in which the site is located; and
c. The proposed use is in compliance with each of the applicable provisions of
the Development Code; and
d. 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.
4. The Council hereby finds and determines that the project identified in this
Resolution is categorically exempt from the requirements of the California
Environmental Quality Act of 1970, as amended, and the Guidelines
promulgated thereunder, pursuant to Section 15303(a) of the State CEQA
Guidelines.
Resolution No. 04-272
Page 3 of 4
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4,
above, this Council hereby denies the appeal, upholds the action of the Planning
Commission, and approves the application and the issuance of a Mitigated
Negative Declaration subject to all conditions of approval contained herein and in
the Planning Commission Resolution of Approval No. 04-69 attached hereto.
Planning Division
1) The maximum height of the roof shall not be greater than 14 feet, fl-
inches above the street curb elevation. The revised site plan and
grading plan shall be reviewed and approved by the City Planner
prior to the issuance of building permits.
6. This Council hereby provides notice to Lynn and Renee Massey, the appellants,
and Mike and Wendy Stachowiak, the applicants, that the time within which
judicial review of the decision represented by this Resolution must be sought is
governed by the provisions of California Code of Civil Procedure Section 1094.6.
7. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify
to the adoption of this Resolution, and (b) forthwith transmit a certified copy of
this Resolution, by certified mail, return -receipt requested, to Mike and Wendy
Stachowiak and to Lynn and Renee Massey. at the addresses identified in City
records.
Please see the following page
for formal adoption, certification and signatures
Resolution No. 04-272
Page 4 of 4
PASSED, APPROVED, AND ADOPTED this 181h day of August 2004.
AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams
NOES: None
ABSENT: None
ABSTAINED:
ATTEST:
Debra J. A a s, CMC, City Clerk
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do
hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City
Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held
on the 18th day of August 2004.
Executed this 19th day of August 2004, at Rancho Cucamonga, California.
Debra J. Ada , CMC, City Clerk