HomeMy WebLinkAbout07-73 - Resolutions RESOLUTION NO. 07-73
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2007-00491, A
REQUEST TO REDUCE THE REQUIRED LOT DEPTH FROM 200 FEET TO 174
FEET AND TO REDUCE THE REAR YARD SETBACK FROM 60 FEET TO 30
FEET, IN THE VERY LOW (VL) RESIDENTIAL DISTRICT, LOCATED AT 5830
BUCKTHORNE AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 1062-121-26.
A. Recitals.
1. Ryan Chance filed an application for the approval of Variance DRC2007-00491, 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 12th day of December 2007, 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, PartA,of
this Resolution are true and correct.
2. Based upon the substantial evidence presented to this Commission during the above
referenced public hearing on December 12, 2007, including written and oral staff reports, together with
public testimony, this Commission hereby specifically finds as follows:
a. The application applies to a parcel that is irregular in shape with overall dimensions of
approximately 174 feet from north to south and an average of 119 feet from east to west; and
b. The existing topography slopes from north to south; and
C. The lots to the north, south, east and west are zoned Very Low Residential and
developed with single-family residences; and
d. The applicant proposes constructing a three story single-family residence of which 4,013
square feet is living space, 1,180 square feet is garage and workshop space, and a 740 square foot
detached RV garage.
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, without a reduction in the lot depth requirement, the applicant would have to
join the site with another lot adjacent to the subject site to meet the required lot depth, possibly creating an
PLANNING COMMISSION RESOLUTION NO. 07-73
DRC2007-00491 — RYAN CHANCE
December 12, 2007
Page 2
awkward lot or situation. Without a reduction in the rear yard setback the applicant would not enjoy the
same privilege as adjacent property owners, which would be inconsistent with the intent of the
Development Code.
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 reduction in the required lot depth from 200 feet to 174 feet is consistent with
the average lot depth of the surrounding properties which range from 143 feet to 263 feet. The adoption of
this application will allow the applicant to create a lot that is similar in size and character to the other lots in
the immediate area. The reduction of the rear yard setback from 60 to 30 feet will allow the applicant to
enjoy the same privilege as adjacent property owners. The lot meets the minimum width and lot size
requirements of the Very Low Residential District.
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,
without the reduction in the lot depth requirement, the site would have to be joined with another lot
adjacent to it to meet the requirement because the lot is land locked and would not be able to obtain the
required land to meet the requirement. Without the reduction to the rear setback the applicant would not
be able to enjoy the same privileges as other property owners in the surrounding neighborhood.
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 applicant is
requesting to construct a single-family residence on the site and the variance is necessary for the
preservation and enjoyment of a substantial property development right possessed by other properties in
the same vicinity that are at a similar density.
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 legalization of the
lot size will be indistinguishable from the surrounding lots other than being land locked.
4. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA
Guidelines, the City staff has determined that the project is categorically exempt from the requirements of
the California Environmental Quality Act(CEQA)and the City's CEQA Guidelines. The project qualifies as
a Class 5 exemption under State CEQA Guidelines Section 15305 which covers the minor alteration in
land use limitations- setbacks. Because the project only proposes legalizing an existing parcel and no
movement of existing lot lines, staff finds that there is no substantial evidence that the project will have a
significant effect on the environment.
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 in
the Standard Conditions, attached hereto and incorporated herein by this reference.
PLANNING
1) The rear yard setback on the north side of the property shall not be less than
30 feet from rear property line.
2) The west lot line shall not be less than 174 feet in length.
PLANNING COMMISSION RESOLUTION NO. 07-73
DRC2007-00491 – RYAN CHANCE
December 12, 2007
Page 3
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 12TH DAY OF December 2007.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
— & '2v X(�&j4a-
to Chairman
ATTEST: dn4 g-
JameVR. Troyer, AICP, Secret ry
I, James R. Troyer, 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 December 2007, by the following vote-to-wit:
AYES: COMMISSIONERS: HOWDYSHELL, MUNOZ, STEWART, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLETCHER
ABSTAIN: COMMISSIONERS: NONE
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT #: DRC2007-00491
SUBJECT: VARIANCE TO REDUCE REAR YARD SETBACK AND LOT DEPTH
APPLICANT: RYAN CHANCE
LOCATION: 5836 BUCKTHORNE AVENUE
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. General Requirements completion Date
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 applicant of his obligations under this condition.
B. Time Limits
1. Conditional Use Permit, Variance, or Development/Design Review 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.
C. Site Development
1. The site shall be developed and maintained in accordance with the approved plans which include
site plans, architectural elevations, exterior materials and colors, landscaping,sign program,and
grading on file in the Planning Department, the conditions contained herein, and the
Development Code regulations.
2. 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.
SC-1-05 1
hPLANNINGTINALTI-NGCOMM\2007 Res&Stf Rpt\DRC2007-00491cond12-12.doc
Project No.DRC 2007-00491
Completion Date
3. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be
located out of public view and adequately screened through the use of a combination of concrete
or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For
single-family residential developments, transformers shall be placed in underground vaults.
D. Building Design
1. All dwellings shall have the front, side and rear elevations upgraded witharchitectural treatment,
detailing and increased delineation of surface treatment subject to Planning Director review and
approval prior to issuance of building permits.
E. Landscaping
1. All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less than 2:1
slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion
control. Slope planting required by this section shall include a permanent irrigation system to be
installed by the developer prior to occupancy.
2. Landscaping and irrigation shall be designed to conserve water through the principles of
Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S)
F. Site Development
1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be
marked with the project file number(i.e., DRC2007-00491). The applicant shall comply with the
latest adopted California Codes, and all other applicable codes, ordinances, and regulations in
effect at the time of permit application. Contact the Building and Safety Department for
availability of the Code Adoption Ordinance and applicable handouts.
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