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HomeMy WebLinkAbout09-22 - Resolutions RESOLUTION NO. 09-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2007-00396 TO REDUCE THE REQUIRED CORNER SIDEYARD SETBACK FROM 27 FEET TO 21 FEET FOR THE PURPOSE OF BUILDING A SINGLE-FAMILY RESIDENCE IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE), LOCATED AT THE SOUTHEAST CORNER OF AMETHYST AVENUE AND 19TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0202-111-93. A. Recitals. 1. Jalal Noorzady filed an application for the issuance of Variance DRC2007-00396 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 25th day of July 2007, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and continued the item to an unspecified date. 3. On the 23rd day of January 2008, the Planning Commission of the City of Rancho Cucamonga continued the item until the February 13, 2008, meeting in order to meet the public notification requirements. 4. 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 determined that the proposed house was not compatible with the surrounding neighborhood and that they could not support staff's finding that approval of the proposed Variance would not be detrimental to the public health, safety,or welfare or materially injurious to properties or improvements in the vicinity. The Planning Commission voted to have staff draft a Resolution of Denial to be acted upon at the next Planning Commission meeting. 5. On the 27th day of February 2008, the Planning Commission of the City of Rancho Cucamonga reviewed the Resolution of Denial. In conjunction with that review,the applicant requested that the Planning Commission reconsider their recommendation and allow the request to be returned to the Design Review Committee for further review. The Planning Commission sent the item back to the Design Review Committee for their review with no action taken on the resolution. 6. On the 24th day of June 2009, 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. 7. 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 June 24, 2009, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: PLANNING COMMISSION RESOLUTION NO. 09-22 VARIANCE DRC2007-00396 - JALAL NOORZADY June 24, 2009 Page 2 a. The application applies to an undeveloped property located at the southeast corner of Amethyst Avenue and 19th Street with a street frontage of 40 feet and lot depth bf 122 feet; and b. The properties to the south, east,and west of the subject site are zoned Low Residential;the property to the north across 19th Street is zoned Office Professional; and C. The original project site joined two smaller lots together through a lot line adjustment that was approved on July 11, 2006; and d. The applicant submitted a proposal to build a single-family residence on the site which necessitated a Variance for a reduced corner sideyard setback. The required corner side yard setback is 27 feet, with the applicant requesting a 6-foot reduction to 21 feet; and e. The minimum corner lot within the Low Residential District is 70 feet. The subject lot is 40 feet wide and has been determined to be a legal non-conforming lot. 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 corner sideyard setback requirement, the site would have to be developed 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 to have a minimum lot width of 70 feet. The existing legal non-conforming lot is 40 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 corner sideyard setback requirement,the applicant would be limited to building a 20-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 corner 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 to build a single-family residence which will not be out of character from the other houses in the surrounding area and that will meet all related Development Code requirements, except for the corner sideyard setback requirement. Additionally,the applicant has made a great effort to reduce the overall bulk of the house and to limit the number of second story windows facing the existing house to the east. PLANNING COMMISSION RESOLUTION NO. 09-22 VARIANCE DRC2007-00396 - JALAL NOORZADY June 24, 2009 Page 3 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 staff's 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 Standard Conditions incorporated herein by this reference. Planning Department 1) Approval is forthe reduction in the required cornersideyard setbackfrom 27 feet to 21 feet. 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. Engineering Department 1) Certificate of Compliance for Lot Merger No. 630, recorded August 16, 2006, Doc No. 2006-0559196. No further work on this is required. 2) The drainage runoff from this developed site shall not adversely affect the existing homes/lots adjacent and downstream of this site. 3) Submit an application to the Engineering Department to revise the City public improvement plans for the required missing public improvements on Amethyst Avenue. Revise existing Drawing No.1956, Sheets 1, 2 and 3 to show the new drive approach location(width and centerline). Remove and replace the existing curb & gutter and existing sidewalk in order to construct the new wider drive approach. Also, show all existing street trees, proposed new street trees and existing trees to be removed, if any, to accommodate new widened drive approach. On the Title Sheet (Sheet 1), fill in the street tree table and construction notes. All revisions shall be by a registered Professional Engineer and approved by the City Engineer. 4) Public improvement plans shall be 90 percent complete prior to the issuance of grading permits. Public improvement plans shall be 100 percent complete, signed by the City Engineer prior to building permit issuance. 5) Parkways shall slope at 2 percent from the top-of-curb to 1 foot behind the sidewalk along all street frontages. PLANNING COMMISSION RESOLUTION NO. 09-22 VARIANCE DRC2007-00396 - JALAL NOORZADY June 24, 2009 Page 4 6) Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50 percent of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Department when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Department within 60 days following the completion of the construction and/or demolition project. 7) Prior to the issuance of building permits, the applicant shall pay development fees at the rates adopted by City Council and which are periodically adjusted. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF JUNE 2009. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman ATTEST: R. JaR. Troyer, AICP, Secre ry I, James R. Troy r, 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 24th day of June 2009, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2007-00396 SUBJECT: VARIANCE APPLICANT: JALAL NOORZADY LOCATION: SOUTHEAST CORNER OF AMETHYST AVENUE AND 19TH STREET - APN: 0202-111-05 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. 09-22, 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 X B. Time Limits 1. Variance 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. SC-12-08 1 I:\PLANNINGTINAL\PLNGCOMM\2009 Res&StfRpt\DRC2007-00396StdCond 6-24.doc Project No. DRC2007-00396 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, and the 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. Street names shall be submitted for Planning Director review and approval in accordance with the adopted Street Naming Policy prior to approval of the final map. 2 I:\PLANNINGTINAL\PLNGCOMM\2009 Res&StfRpt\DRC2007-00396StdCond 6-24.doc