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HomeMy WebLinkAbout05-65 - Resolutions RESOLUTION NO. 05-65 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2004-01169, A REQUEST TO REDUCE THE LOT WIDTH ON FOUR LOTS ON 2.43 ACRES OF LAND IN THE VERY LOW RESIDENTIAL DISTRICT (.1 - 2 DWELLING UNITS PER ACRE), LOCATED 100 FEET SOUTH OF WILSON AVENUE BETWEEN HELLMAN AVENUE AND COUSINS PLACE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1062-061-03. A. Recitals. 1. Steven Spies, Peter Bryan, and Linda Bryan filed an application for the approval of Variance DRC2004-01169, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application." 2. On the 27th day of July 2005, 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 July 27, 2005, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located 100 feet south of Wilson Avenue, between Heilman Avenue and Cousins Place; and b. The property is presently undeveloped; and C. Single-family residences bound the site on the north, south, east, and west. Hellman Road is parallel to the east property line of the project site and Cousins Place is parallel to the west property line of the project site; and d. The proposed Variance would reduce the required 90-foot lot width on all four proposed parcels as follows: Lot 1 —by 7.06 feet; Lot 2—by 7.06 feet; Lot 3—by 7.29 feet; and Lot 4 — by 7.26 feet. e. The parcels are within the Equestrian Overlay and are able to meet the required 70-foot horse corral buffer from neighboring habitable structures, with each lot exceeding the minimum required lot depth of 200 feet by 123 feet (323 feet total); and f. Two lots will face Hellman Avenue and two lots will face Cousins Place; and PLANNING COMMISSION RESOLUTION No. 05-65 DRC2005-01169— SPIES, BRYAN, AND BRYAN July 27, 2005 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 result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code, in that it would create lots much larger than the existing lots in the surrounding area. The proposed lots will be developed meeting all City development requirements for the specified zone except for lot width. In fact, the lots will be 123 feet deeper than the required 200-foot lot depth. Conversely, the literal compliance with 90-foot lot width requirement would create lots that are substantially larger in depth and width than the surrounding area, which is inconsistent with the objectives of the Development Cade. 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, in that the subdivision of the lot using the required 90-foot lot width would result in two lots that are much larger in width,depth and area than the other lots in the same zoning district; and 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, in that it will allow the subject parcel to be subdivided into lots that are of similar overall size and character to the lots in the surrounding neighborhood; and d. That the granting of the Variance will not constitute a grant of special privileges inconsistent with the limitations on other properties classified in the newly created lots will be of similar lot area and meet all City development requirements for subject zoning district except for lot width; and 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, in that the newly created lots will be of comparable lot area to the surrounding lots and will be developed meeting all other applicable City Code criteria. 4. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act(CEQA)of 1970,as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. 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 COMMISSION RESOLUTION No. 05-65 DRC2005-01169 - SPIES, BRYAN, AND BRYAN July 27, 2005 Page 3 Planning Department 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 the applicant of his obligations under this condition. 2) 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. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF JULY 2005. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA i�V�%/�% BY:- Richard Macias, Chairman ATTEST: Bra ull r, S0 reta I, Brad Buller, 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 27th day of July 2005, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, McNIEL, McPHAIL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: STEWART