The URL can be used to link to this page

Home My WebLink About11-36 - Resolutions RESOLUTION NO. 11-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DRC2011-00161, A REQUEST TO DECREASE THE REQUIRED 25-FOOT STREET SIDE SETBACK IN ORDER TO CONSTRUCT A SINGLE-FAMILY RESIDENCE ON LOT 12 OF TENTATIVE TRACT MAP SUBTT16867 LOCATED IN THE VERY LOW RESIDENTIAL DISTRICT (.1-2 DWELLING UNITS PER ACRE) OF THE ETIWANDA SPECIFIC PLAN ON THE WEST SIDE OF ETIWANDA AVENUE, NORTH OF THE 210 FREEWAY; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0225-161-40. . A. Recitals. 1. Afshin Etebar filed an application for the approval of Variance DRC2011-00161, 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 24th day of August 2011, 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 August 24, 2011, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The 8.9-acre site is located on the west of Etiwanda Avenue and north of the 210 Freeway and was approved for a 12-lot subdivision (SUBTT16867). b. The site is located within the Very Low Development District of the Etiwanda Specific Plan; and C. North, east (across Etiwanda Avenue), and west of the site are existing single-family residents zoned Very Low (VL) Residential; and to the south is the 210 Freeway. d. The Variance is required in order to construct a single-family residence on Lot 12. The Variance will permit a reduction in the required corner side yard setback on Lot 12 from 25 feet from property line to 18 feet 8 inches. The reduction is necessary because of the reduced width of the lot, which was approved with a lot width of 75 feet, below the required 90-foot required lot width (Variance DRC2004-01285). PLANNING COMMISSION RESOLUTION NO. 11-36 VARIANCE DRC2011-00161 —AFSHIN ETEBAR August 24, 2011 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 without a reduction in the corner side yard 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 Very 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 that lots in the Very Low Residential District have a minimum lot width of 90 feet. The existing lot was approved with a 75-foot lot width, 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 side yard setback requirement, the applicant would be limited to building a 40-foot wide house, which is much narrower than the other houses in the surrounding area or within the Very 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 side yard 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 Very 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 that will not be out of character to the other houses in the surrounding area and will meet all the related Development Code requirements except for the corner side yard setback requirement. 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City adopted a Mitigated Negative Declaration on January 25, 2006, in connection with the City's approval of Tentative Tract Map SUBTT16867. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. PLANNING COMMISSION RESOLUTION NO. 11-36 VARIANCE DRC2011-00161 —AFSHIN ETEBAR August 24, 2011 Page 3 b. The Planning Commission finds, in connection with Tentative Tract Map SUBTT16867, that substantial changes to the project or the circumstances surrounding the project have not occurred that would create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration. In that the applicant proposes 12 single-family residences on the previously approved 12-lot Tentative Tract Map (SUBTT16867). Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less-than-significant. In that the previously approved lots are surrounded by existing single-family residential development, and the proposed residences meet all development criteria outlined in the Etiwanda Specific Plan and the City's Development Code. C. Based on these findings and all evidence in the record, the Planning Commission concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of Variance DRC2011-00161. 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 Department 1) Approval is for a reduction in the corner side yard setback from 25 feet to 18 feet - 8 inches for Lot 12 of Tentative Tract Map SUBTT16867 located on the west side of Etiwanda Avenue and north of the 210 Freeway - APN: 0225-161-40. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF AUGUST 2011. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman ATTEST: f j a� -� 652o-AC-aa, James R. Troyer, AICP, Secretary I, James R. Troyer, AICP of the 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 August 2011. PLANNING COMMISSION RESOLUTION NO. 11-36 VARIANCE DRC2011-00161 —AFSHIN ETEBAR August 24, 2011 Page 4 AYES: COMMISSIONERS: FLETCHER, MUNOZ , OAXACA: WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HOWDYSHELL ABSTAIN: COMMISSIONERS: NONE