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HomeMy WebLinkAbout08-07 - Resolutions RESOLUTION NO. 08-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2007-00299 TO REDUCE THE REQUIRED SIDEYARD SETBACK FROM 10 FEET TO 5 FEET IN ORDER TO CONSTRUCT A SINGLE-FAMILY RESIDENCE IN THE LOW (L) RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE), LOCATED AT 8770 VINMAR AVENUE -APN: 0207-242-18. A. . Recitals. 1. Pete Volbeda filed an application for the issuance of Variance DRC2007-00299 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 23rd day of January, 2008,the Planning Commission continued the item to allow for sufficient legal noticing. On the 13th day of February 2008, 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 February 13, 2008, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a site located on the west side of Vinmar Avenue and south of 9th Street. The site is a vacant 5,440 square foot lot that is 31.55 feet wide and 158 feet deep; and b. The properties to the north, south, east, and west of the subject site are zoned Low Residential; and C. The applicant submitted a proposal to build a single-family residence on the site, which necessitated a Variance for a reduced sideyard setback in order to construct the residence and the required two-car garage. The minimum lot width within the Low Residential District is 60 feet. The subject lot is 31.55 feet wide and has been determined to be a legal non-conforming lot; and 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: PLANNING COMMISSION RESOLUTION NO. 08-07 DRC2007-00299— PETE VOLBEDA February 13, 2008 Page 2 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 sideyard setback requirement,the site would have to be developed without the required two-car garage and with a house that is much narrower than the preponderant house width in the surrounding area or within the Low Residential District. 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 Development Code requires lots in the Low Residential District have a minimum lot width of 60 feet. The existing legal non-conforming lot is 31.55 feet wide, which is much narrower than the lots in the surrounding area. 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 sideyard setback requirement, the applicant would be limited to building a 16-foot wide house, which is much narrower than the other houses in the surrounding area or within the Low Residential District. 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 proposed reduction in the sideyard setback will allow the applicant to develop a house with a width no greater than the other lots in the surrounding area or within the Low Residential District. 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 applicant proposes building a single-family residence which will not be out of character from the other houses in the surrounding area and that will meet the all related Development Code requirements except for the corner sideyard setback requirement. 4. The Planning Department 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 minor alterations in land use limitations and includes variances for sideyard setbacks. Because the applicant is only requesting a variance for the reduction in the required sideyard setback, staff finds that there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 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 attached conditions incorporated herein by this reference. Planning Department 1) Approval is for the reduction in the required sideyard setback from 10 feet to 5 feet. PLANNING COMMISSION RESOLUTION NO. 08-07 DRC2007-00299— PETE VOLBEDA February 13, 2008 Page 3 2) Print a copy of the Resolution and Conditions of Approval on the plans when they are submitted for Plan Check. 3) The applicant shall obtain all the necessary permits from the Building and Safety Department. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF FEBRUARY 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard Fletcher, Vice Chairman ATTEST: James R. Troyer, AICP, Secretary 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 13th day of February 2008, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: PLANNING COMMISSION RESOLUTION NO. 08-07 DRC2007-00299 — PETE VOLBEDA February 13, 2008 Page 3 2) Print a copy of the Resolution and Conditions of Approval on the plans when they are submitted for Plan Check. 3) The applicant shall obtain all the necessary permits from the Building and Safety Department. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF FEBRUARY 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: <�� Richard Fletcher, Vice Chairman ATTEST: A- JamTroyer, AICP,ttecretary 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 13th day of February 2008, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: STEWART COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: VARIANCE DRC2007-00299 SUBJECT: VARIANCE APPLICANT: PETE VOLBEDA LOCATION: 8770 VINMAR AVENUE -APN: 0207-242-18 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. 2. Copies of the signed Planning Commission Resolution of Approval No. 08-02, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption - $50 B. Time Limits 1. 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. SC-1-05 1 Project No. DRC2007-00299 Completion Date 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, Development Code regulations. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Director review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.)or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 6. 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. 7. 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. 8. Six-foot decorative block walls shall be constructed along the project perimeter. If a double wall condition would result, the developer shall make a good faith effort to work with the adjoining property owners to provide a single wall. Developer shall notify, by mail, all contiguous property owner at least 30 days prior to the removal of any existing walls/ fences along the project's perimeter. 9. Construct block walls between homes(i.e.,along interior side and rear property lines), rather than wood fencing for permanence, durability, and design consistency. 10. Access gates to the rear yards shall be constructed from a material more durable than wood gates. Acceptable materials include, but are not limited to, wrought iron and PVC. 11. For residential development, return walls and corner side walls shall be decorative masonry. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2