Loading...
HomeMy WebLinkAbout95-31 - Resolutions RESOLUTION NO. 95-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING, WITH PREJUDICE, CONDITIONAL USE PERMIT NO. 95-17 FOR A SECOND DWELLING UNIT LOCATED ON .59 ACRES OF LAND IN THE VERY LOW RESIDENTIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1062-281-31. A. Recitals. 1. Stewart Ting has filed an application for the issuance of Conditional Use Permit No. 95-17, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application. " 2 . On the 12th day of July 1995, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. Said hearing was continued to July 26, 1995, at which time the hearing was concluded. 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 substantial evidence presented to this Commission during the above-referenced public hearings on July 12 and July 26, 1995, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 6029 Vineyard Avenue with a street frontage of 60 feet and average lot depth of 195 feet and is presently improved with a single family residence served by a septic tank- subsurface sewage disposal system; and b. The property to the north, south, east, and west of the subject site are zoned Very Low Residential and are improved with two-story single family homes; and c. The application proposes the construction of a two-story second dwelling unit of 1, 189 square feet; and d. There is significant community concern regarding the potential adverse effects of the proposed use; and e. The application as proposed would be materially detrimental to the persons and properties in the immediate vicinity of the subject site for reasons as follows: PLANNING COMMISSION RESOLUTION NO. 95-31 CUP 95-17 - TING July 26, 1995 Page 2 i. The proposed structure will require a second septic tank- subsurface sewage disposal system to be constructed on the subject site. The site is inadequate to accommodate such a system based upon the minimum 1/2 acre per septic system requirements of the Santa Ana Regional Water Quality Control Board for a new development; and ii. The application as proposed contemplates the construction of a two-story structure, 22 feet in height, located 10 feet from the interior side property line. The structure is designed with bedroom windows and a balcony facing the interior side property line which will intrude upon the privacy and views of neighboring properties contrary to the General Plan policies to provide private indoor and outdoor areas for each dwelling in which inhabitants have minimal visual and auditory contact with neighbors; and iii. None of the properties in the neighborhood have constructed detached two-story accessory structures. The presence of such a structure would be inconsistent with the low-intensity rural character of the uses immediately surrounding the subject site; and iv. Evidence has been submitted that development of the proposed second dwelling unit would be in conflict with the equestrian use intended for the larger lots common to the Very Low Residential District by severely restricting or prohibiting the keeping of horses on adjoining properties as allowed under the zoning regulations; 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: a. The proposed use is not in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. b. The proposed use, together with the conditions applicable thereto, will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. c. The proposed use does not comply with each of the applicable provisions of the Development Code. d. The applied-for use will not be compatible with the intended rural residential character of the area. e. The evidence presented to this Commission has identified potential adverse effects of the applied-for use. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby denies the application with prejudice to refile. PLANNING COMMISSION RESOLUTION NO. 95-31 CUP 95-17 - TING July 26, 1995 Page 3 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 26TH DAY OF JULY 1995. PLANNING Si SSION OF THE iii OF RANCHO CUCAMONGA BY: .. AIL II "r- E. =n ATTEST: _ _ /..%4 Brae liptry 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 26th day of July 1995, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MCNIEL, MELCHER