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HomeMy WebLinkAbout91-42A - Resolutions RESOLUTION NO. 91-42A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MODIFICATION TO VARIANCE NO. 91-04 TO ALLOW A REDUCTION OF THE MINIMUM AVERAGE LOT SIZE FROM 22,500 TO 21,240 SQUARE FEET FOR TENTATIVE PARCEL MAP 13693, LOCATED ON THE NORTH SIDE OF NORTHRIDGE DRIVE, WEST OF HAVEN AVENUE IN THE VERY LOW RESIDENTIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 201-182-29. A. Recitals. (i) Steven R. Luna has filed an application for the issuance of Variance No. 91-04 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application." (ii) On the 27th of March 1991, and continued to the 24th of April and the 22nd of May 1991, the Planning Commission of the City of Rancho Cucamonga conducted duly noticed public hearings on the application and the related Tentative Parcel Map 13693 and following the conclusion of said hearing adopted their Resolutions Nos. 91-41 and 91-42 thereby approving the application and the Tentative Parcel Map. (iii) Mr. Peter Fan, an adjacent property owner, and the Northwood Properties Community Association filed a timely appeal of the approval represented in said Resolution No. 91-41 on the basis of the requirement that Parcel 2 take access from Northridge Drive. (iv) On July 3 and continued to July 17, 1991, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the subject matter of the appeal of the Tentative Parcel Map and on said date concluded the public hearing. (v) On August 7, 1991, the City Council of the City of Rancho Cucamonga adopted Resolution No. 91-182, granting the appeal of Tentative Parcel Map 13693 and approving the Tentative Parcel Map with a temporary access to Cabrosa Place for Parcel 2 across Parcel 1, to be removed once alternate access to Parcel 2 becomes available from the north. (vi) 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. PLANNING COMMISSION RESOLUTION NO. 91-42A VAR 91-04 - STEVEN R. LUNA August 28, 1991 Page 2 2. Based upon evidence presented to this Commission at the above referenced public hearings on March 27, April 24, and May 22, 1991, and August 28, 1991, and presented to the City Council on July 3 and July 17, 1991, and the contents of the Planning Commission Resolution Nos. 91-41 and 91-42, and the contents to the City Council Resolution No. 91-182, this Commission specifically finds as follows: (a) The application applies to Tentative Parcel Map 13643, a vacant, undeveloped property located on Cabrosa Place, north of Northridge Drive with a depth of 130 feet, a street frontage of 330 feet along Northridge Drive, and approximately 40 feet of frontage along Cabrosa Place; and (b) The property to the north of the subject site is residential, the property to the south of that site consists of single family homes, the property to the east is vacant, and the property to the west is also zoned for residential use. (c) An offer of dedication for a portion of a future cul-de-sac at the northeast corner of Parcel 2 will reduce the area of that parcel from 22,500 to 21,900 square feet, thereby reducing the average lot size to 21,240 square feet. (d) The application has been submitted to allow a reduction of the minimum net average lot area requirement contrary to Section 17.08.040 of the Development Code within the Very Low Residential District. (e) Both parcels meet or exceed the minimum lot size requirement of 20,000 square feet. (f) Existing subdivisions immediately north and west of the subject site have a minimum average lot size of less than 22,500 square feet. (g) A variance to allow a reduction in the minimum average lot size and minimum lot depth requirements was granted for a four-lot subdivision adjacent to the subject site. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearings 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. (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. PLANNING COMMISSION RESOLUTION NO. 91-42A VAR 91-04 - STEVEN R. LUNA August 28, 1991 Page 3 (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. (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. (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. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the application. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF AUGUST 1991. PLANNING CO ISSIO/NUJ OF THE CITY OF RANCHO CUCAMONGA BY: AIL_ . . _ %'.�/ L-rry T. McNiel, Chairman ATTEST: tII AI C B BuW'e r 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 28th day of August 1991, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE