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
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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