HomeMy WebLinkAboutReso 22-18RESOLUTION NO. 22-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2022-00205, A
REQUEST TO ALLOW FOR DEFICIENT LOT DEPTH FOR PARCELS LOCATED
AT THE NORTHWEST CORNER OF CHICKASAW ROAD AND EAST AVENUE
IN THE VERY LOW RESIDENTIAL DISTRICT (VL).; AND MAKING FINDINGS IN
SUPPORT THEREOF — APN: 0225-181-35, -38 AND -39.
A. Recitals.
1. Kermit Smith filed an application for the approval of Variance DRC2022-00205, as described
in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as
"the application."
2. On June 22, 2022, 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.
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 of June 22, 2022, including written and oral staff reports, together with
public testimony, this Commission hereby specifically finds as follows:
a. The project site is located at the northwest corner of Chickasaw Road and East Avenue
and comprises three parcels identified as APNs: 0225-181-39 (Parcel "A"); 0225-181-38 (Parcel B), and
0225-181-35 (Parcel C), and
b. Each parcel is nonconforming with regard to lot size and depth pursuant to development
standards for the Very Low (VL) Residential District within which the project area is located; and
C. The applicant has submitted a request for administrative review of a lot line adjustment
and lot merger which will result in the reconfiguration of Parcel A, elimination of Parcels B and C, and
which would create a new Parcel D; and
d. That the resultant Parcels A and D would become conforming with regard to lot size, but
would remain nonconforming with regard to lot depth; and
e. Upon the first round of administrative review by staff of the lot line adjustment and lot
merger, the applicant has submitted a request for a Variance to allow the nonconforming lot depth for
resultant Parcels A and D, and
f. The existing Land Use, General Plan and Zoning Designations for the project site and
adjacent properties are as follows:
PLANNING COMMISSION RESOLUTION NO. 22-18
VARIANCE DRC2020-00397 — KERMIT SMITH
June 22, 2022
Page 2
Land Use
General Plan
Zoning
Site
Vacant (Parcels B and C), Single-
Suburban
Neighborhood
Very Low (VL) Residential
Family Residence (Parcel A)
Very Low
Suburban
North
Single -Family Residential
Neighborhood
Very Low (VL) Residential
Very Low
Suburban
South
Single -Family Residential
Neighborhood
Very Low (VL) Residential
Very Low
Suburban
East
Single -Family Residential
Neighborhood
Very Low (VL) Residential
Very Low
Suburban
West
Single -Family Residential
Neighborhood
Very Low (VL) Residential
Ve Low
g. Whereas pursuant to Development Code Section 17.20.030 provides that requests for
Variances be heard by the Planning Commission at a duly noticed public hearing.
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. Strict or literal interpretation and enforcement of the specified regulation would result in
a difficulty or unnecessary physical hardship inconsistent with the objectives of this Code. The strict
interpretation of the required 200-foot lot depth requirement for parcels located within the Very Low (VL)
Residential District would create unnecessary hardship and would be contrary to the intent of the
Development Code. Imposing the strict lot depth requirement of 200-feet would create an unnecessary
hardship as it would make it difficult to accommodate a size and scale of house in a manner that is
compatible in size and scale to surrounding similarly situated and similarly zoned properties.
b. There are exceptional or extraordinary circumstances or conditions applicable to the
property involved or to the intended use of the property that does not apply generally to other properties
in the same zone. The parcels proposed to be reconfigured and merged as part of the applicant's lot line
adjustment and lot merger are encumbered by an existing nonconforming lot depth which results from
the parcels having been created prior to the City's incorporation and establishment of current
development standards.
C. 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 zone. Without a
reduction in the required lot depth standard, Parcel D as configured would likely not be able to
accommodate a single-family residence of the same size and scale as those enjoyed by owners of other
properties in the same zone. Approving the variance would allow the applicant to process the lot line
adjustment and lot merger which would result in the elimination of two nonconforming lots (Parcel B and
C), and accommodate the reconfiguration of Aprcel A and the creation of Parcel D, which despite the
PLANNING COMMISSION RESOLUTION NO. 22-18
VARIANCE DRC2020-00397 — KERMIT SMITH
June 22, 2022
Page 3
nonconforming lot depth which would remain for both aprcels, would allow both parcels to now meet
minimum lot size standards.
d. The granting of the Variance will not constitute a grant of special privilege inconsistent
with the limitations on other properties classified in the same zone. The nonconforming lot depth is an
existing condition which encumbers all parcels within the project area. Approving the variance allows the
resultant Parcels A and D to meet minimum lot size standards similar to other parcels within the same
zoning designation.
e. 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. The grnting of a Variance
allows the applicant to process a lot line adjustment which improves various existing nonconforming
circumstances on various parcels which will result in the adjustment and merger of property lines
resulting in a new Parcel D. No development is proposed as part of this applicant.
4. Planning Staff determined that the project is categorically exempt from the requirements of
the California Environmental Quality Act (CEQA). The project qualifies as a Class 5 exemption under
State CEQA Guidelines 15305 (Minor Alterations in Land Use Limitations) as the scope of work is to
reconfigure and merge contiguous parcels resulting in a fewer number of parcels which more closely
conform to the City's development standards. 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 in the
Standard Conditions, attached hereto and incorporated herein by this reference.
The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 22ND DAY OF JUNE 2022.
PLANNING COMMISSION OF THE CITY O CHO CUCAMONGA
BY:
Bnan Dopp, Chairman
ATTEST:
R. Bums, AICP, LEED AP, Secretary
I, Matthew R. Burris, AICP, LEED AP, 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 22"' day of June 2022, by the following vote -to -wit:
PLANNING COMMISSION RESOLUTION NO. 22-18
VARIANCE DRC2020-00397 — KERMIT SMITH
June 22, 2022
Page 4
AYES: COMMISSIONERS: DOPP, WILLIAMS, MORALES, BOLING, DANIELS
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Conditions of Approval
[tANctro
CUCAMONGA
Project #: DRC2022-00205
Community Development Department
Project Name: East Avenue Project
Location: 6380 EAST AVE - 022518138-0000
Project Type: Variance
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Standard Conditions of Approval
1. The applicant shall sign the Statement of Agreement and Acceptance of Conditions of Approval
provided by the Planning Department. The signed Statement of Agreement and Acceptance of
Conditions of Approval shall be returned to the Planning Department prior to the recordation of map(s),
mergers or related documents, submittal of grading/construction plans for plan check, request for a
business license, and/or commencement of the approved activity.
2. 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 in the defense of any such
action but such participation shall not relieve applicant of his obligations under this condition. In the
event such a legal action is filed, the City shall estimate its expenses for litigation. The applicant shall
deposit such amount with the City or enter into an agreement with the City to pay such expenses as they
become due.
3. Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of
Approval, and all environmental mitigations, when necessary, 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.
4. Any modification or intensification of the approved use, including revisions in the operations of the
business including changes to the operating days/hours; change in the location on -site or within the
building of the use/activity that is approved by this Conditional Use Permit, improvements including new
building construction; and/or other modifications/intensification beyond what is specifically approved by
this Conditional Use Permit, shall require the review and approval by the Planning Director prior to
submittal of documents for plan check/occupancy, construction, commencement of the activity, and/or
issuance of a business license. The Planning Director may determine that modifications or
intensifications of use require the submittal of an application to modify this Conditional Use Permit for
review by the City.
Engineering Services Department
Please be advised of the following Special Conditions
1. The Lot Merger and Lot line Adjustment shall be submitted the engineering department for approval
prior to recordation at the County.
Exhibit D
w .CltyofRC.us
Printed: 6/14/2022