City of Corona
Staff Report
400 S. Vicentia Ave.
Corona, CA 92882
File #: 24-0677
PLANNING AND HOUSING COMMISSION
STAFF REPORT
DATE: 8/26/2024
TO: Honorable Chair and Commissioners
FROM: Planning and Development Department
APPLICATION REQUEST:
V2020-0003: Variance request from Sections 17.20.060 and 17.20.070(A) of the Corona Municipal Code (CMC) to reduce the minimum lot area requirement from 14,400 square feet to 10,125 square feet and the minimum lot width requirement from 90 feet to 75 feet for property located at 1765 Bobbitt Avenue (116-120-021) in the R-1-14.4 (Single Family Residential) zone. (Applicant: Carlos Padilla, PFT Properties, 13351 Magnolia Avenue, Corona, CA 92879).
RECOMMENDED ACTION:
That the Planning and Housing Commission find the project exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15303(a), and adopt Resolution No. 2644 GRANTING V2020-0003, based on the findings contained in the staff report and conditions of approval.
PROJECT SITE SUMMARY
Area of Property: 10,125 square feet
Existing Zoning: R-1-14.4 (Single Family Residential, 14,400 sq.ft. minimum lot size) Existing General Plan: ER (Estate Residential, 1-3 du/ac) Proposed Land Use: Single Family Residential
Surrounding Zoning/Land Use:
N: R-1-14.4 / Vacant
E: R-1-14.4 / Single Family Residential
S: R-1-14.4 / Single Family Residential
W: R-1-14.4 / Single Family Residential
BACKGROUND
Variance (V2020-0003) is a request by the applicant to reduce the minimum lot area requirement of Section 17.20.060 from 14,400 square feet to 10,125 square feet and reduce the minimum lot width requirement of Section 17.20.070(A) from 90 feet to 75 feet. The applicant indicates that the parcel was illegally created by deed in 1926 by the original owner. In order to legalize the parcel, the City of Corona Page 1 of 5 Printed on 8/22/2024
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was illegally created by deed in 1926 by the original owner. In order to legalize the parcel, the applicant submitted a Certificate of Compliance (CC2020-0005) which requires approval by the Board of Zoning Adjustment for non-legal parcels. A record of survey is also required to be recorded before the issuance of any grading and/or building permits. Prior to issuance of the CC2020-0005, the Planning Commission must first approve V2020-0003, which will allow the parcel to be legally established at a lot size smaller than required by the R-1-14.4 zone.
The applicant formally submitted the Variance application to the city on November 25, 2020 and the application was reviewed by the Project and Environmental Review Committee (PRC) on December 17, 2020. As a result of the concurrent processing of the applicant’s Certificate of Compliance (CC2020-0005) application and Variance application, and the final submittal of missing and revised items, the variance was deemed complete on July 11, 2024, and scheduled for the Planning and Housing Commission meeting of August 26, 2024.
PROJECT DESCRIPTION
The applicant is requesting V2020-0003 in order to develop the property with a new 1,620 square foot single family home with an attached two-car garage (Exhibit 4). The zoning of the property is R -1-14.4, which requires a minimum lot size of 14,400 square feet. The vacant property measures 75 feet in width by 135 feet in depth for a combined 10,125 gross square feet, which has the lot width and lot size less than 15 feet and 4,275 square feet of the minimum requirement, respectively. The property will take access from Bobbitt Avenue via a proposed new driveway and the development will include right-of-way dedication and public street improvements. The proposed single family home meets all of the development standards of the R-1-14.4 zone.
The property is surrounded by similar sized lots with single family residential uses and is located east of Howe Street on the north side of Bobbitt Avenue (Exhibit 2). The property is bordered by parcels that are identical in lot area, lot width and lot depth that contain single family homes (Exhibit 5), see analysis section of this report for further information.
The applicant has prepared building plans for the construction of the single family home and there are available city utilities such as sewer, water and electric to serve the future home as confirmed by the city’s Development Services division. The variance is required in order to process the Certificate of Compliance (CC2020-0005) and legalize the parcel at a lot size smaller than required by the R-1-
14.4 zone.
ENVIRONMENTAL ANALYSIS
Per Section 15303(a) of the State Guidelines for Implementing the California Environmental Quality Act (CEQA) and Section 3.28 of the City’s Local CEQA Guidelines, a Notice of Exemption has been prepared for the project because the project qualifies as a Class 3 (New Construction or Conversion of Small Structures) categorical exemption. The exemption applies to a single family residential unit in a residential zone, which will not result in any impacts to the environment. The Notice of Exemption is attached as Exhibit 9.
FISCAL IMPACT
The applicant paid the applicable processing fees to cover the cost of the variance. There is no fiscal City of Corona Page 2 of 5 Printed on 8/22/2024
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impact to the city.
PUBLIC NOTICE AND COMMENTS
A 10-day public notice was mailed to all property owners within a 500-foot radius of the project site, as well as advertised in the Sentinel Weekly News and posted at the project site. As of the preparation of this report, the Planning and Development Department has not received any response from the public regarding the proposal.
STAFF ANALYSIS
Per CMC Section 17.96.020, a variance can only be granted by the Planning and Housing Commission if there are special circumstances applicable to the property that deprive the property of privileges otherwise enjoyed by other properties in the vicinity that have identical zoning. Per state law, the special circumstances applicable to the property would include the size, shape, topography, location, or surroundings.
The special circumstance applicable to this property is the property was illegally created by deed in 1926. Had the property been legally created, the applicant would be allowed to build on the property regardless of the lot size. Not granting this variance would render the property useless by preventing future development on the site. The subject parcel is similar in lot area and dimensions to the three parcels located immediately to the west and east of the subject parcel (APNs: 116-120- 022, 116-120-020 and 116-120-019)(Exhibit 5). Furthermore, there are at least six parcels located within 300 feet along Howe Street and Nelson Street, also within the R-1-14.4 zone, that have reduced lot areas of 6,750 square feet with lot widths of 50 feet and lot depths of 135 feet (Exhibit 6). The majority of these substandard sized lots all contain newly developed, two-story single family homes.
Based on Section 17.96.020, the strict application of the CMC deprives the subject property of privileges enjoyed by other properties in the vicinity under identical zone classification and therefore, there are findings which can be made as there are special circumstances applicable to this property.
As such, the Planning and Development Department recommends approval of V2020-0003, subject to the findings below and the recommended conditions of approval in Exhibit 3.
FINDINGS FOR APPROVAL OF V2020-0003
1. A preliminary exemption assessment has been conducted by the City of Corona and it has shown that this project does not require further environmental assessment because the project qualifies as a Class 3 Categorical Exemption under CEQA Section 15303 (New Construction or Conversion of Small Structures) categorical exemption. The exemption applies to a single family residential unit in a residential zone, which will not result in any impacts to the environment. The project is a variance to reduce the lot area and lot width of a residential parcel.
2. The strict application of the terms of the zoning regulations from which the Variance is being sought deprives the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification because of the following special circumstances applicable to the property related to size, shape, topography, location or surroundings:
City of Coronaa. The property was illegally createdPage 3 of 5 by deed in 1926. Had the propertyPrinted on 8/22/2024 been legally powered by Legistar™
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a. The property was illegally created by deed in 1926. Had the property been legally created, the applicant would be allowed to build on the property regardless of the lot size. Not granting this variance would render the property useless by preventing future development on the site that is similar to other residential developments on the adjacent and surrounding properties that also have lot sizes smaller than the R-1-14.4 zone.
3. The approval of V2020-0003 does not constitute the granting of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is located for the following reasons:
a. The Variance is not a granting of special privileges because other residential parcels within the immediate vicinity enjoy privileges under the identical zone classification to which the subject property is currently being deprived of. b. The proposed development of a single family home is a permitted land use in the R-1-
14.4 zone and is consistent with the other single family houses developed in the immediate area.
4. The Variance will not adversely affect property and the use thereof in the vicinity of subject property or the public health, safety, and general welfare for the following reasons:
a. The Variance will not adversely affect the properties in the vicinity, because the subject property is consistent with the size of surrounding parcels and is capable of accommodating a single family house according to the on-site development standards of the R-1-14.4 zone.
b. The Variance will not affect the property or use thereof in the vicinity of the subject site because the development of the site will require the construction of the missing public improvements and roadway adjacent to the property.
PREPARED BY: ROCIO LOPEZ, CONSULTING PLANNER
REVIEWED BY: SANDRA VANIAN, PLANNING MANAGER
SUBMITTED BY: JOANNE COLETTA, PLANNING AND DEVELOPMENT DIRECTOR
EXHIBITS
1. Resolution No. 2644
2. Locational and Zoning Map
3. Conditions of Approval
4. Site Plan
5. Variance Exhibit
6. Assessor’s Parcel Map
7. Photographs of the project site
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8. Applicant’s letter, dated August 19, 2022
9. Environmental Documentation
Case Planner: Rocio Lopez (951) 736-2293
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RESOLUTION NO. 2644
APPLICATION NUMBER: V2020-0003
A RESOLUTION OF THE PLANNING AND HOUSING
COMMISSION OF THE CITY OF CORONA,
CALIFORNIA, GRANTING A VARIANCE FROM
SECTIONS 17.20.060 AND 17.20.070(A) OF THE CORONA
MUNICIPAL CODE (CMC) TO REDUCE THE MINIMUM
LOT AREA REQUIREMENT FROM 14,400 SQUARE FEET
TO 10,125 SQUARE FEET AND THE MINIMUM LOT
WIDTH REQUIREMENT FROM 90 FEET TO 75 FEET
FOR PROPERTY LOCATED AT 1765 BOBBITT AVENUE
(116-120-021) IN THE R-1-14.4 (SINGLE FAMILY
RESIDENTIAL) ZONE. (APPLICANT: CARLOS PADILLA,
PFT PROPERTIES)
WHEREAS, the application to the City of Corona, California, for a Variance under the provisions of Chapter 7.96 in the Corona Municipal Code, has been duly submitted to said City's Planning and Housing Commission for a variance from Sections 17.20.060 and
17.20.070(A) of the Corona Municipal Code (CMC) to reduce the minimum lot area requirement from 14,400 square feet to 10,125 square feet and the minimum lot width requirement from 90 feet to 75 feet for property located at 1765 Bobbitt Avenue (116-120-021) in the R-1-14.4 (Single Family Residential) zone; and
WHEREAS, the Planning and Housing Commission held a noticed public hearing for V2020-0003 on August 26, 2024, as required by law; and
WHEREAS, the Planning and Housing Commission finds that this project is exempt from CEQA pursuant to Section 15303(a) of the State CEQA Guidelines and Section
3.28 of the City of Corona Local Guidelines for Implementing CEQA because there is no possibility that the activity may have a significant effect on the environment; and WHEREAS, after close of said hearing, the Commission by formal action, found that all the conditions necessary to granting the Variance as set forth in Corona Municipal Code Section 17.96.020 do exist in reference to V2020-0003 based on the evidence presented to the Commission during said hearing; and
RESOLUTION NO. 2644
APPLICATION NO. V2020-0003
PAGE | 2
NOW, THEREFORE, THE PLANNING AND HOUSING COMMISSION
OF THE CITY OF CORONA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. CEQA Findings. As the decision-making body for this V2020- 0003, the Planning and Housing Commission has determined that this project does not require further environmental assessment because the project qualifies as an exemption under CEQA per Section 15303(a) of the State Guidelines and Section 3.28 of the City of Corona adopted Local Guidelines for implementing CEQA. There is no evidence presented to the city that the project will have any significant effects on the environment.
SECTION 2. Variance Findings. Pursuant to Corona Municipal Code (“CMC”) Section 17.96.020 and based on the entire record before the Planning and Housing Commission, including all written and oral evidence presented to the Commission, the Commission hereby makes and adopts the following findings:
1. A preliminary exemption assessment has been conducted by the City of Corona and it has shown that this project does not require further environmental assessment because the project qualifies as a Class 3 Categorical Exemption under CEQA Section 15303 (New Construction or Conversion of Small Structures) categorical exemption. The exemption applies to a single family residential unit in a residential zone, which will not result in any impacts to the environment. The project is a variance to reduce the lot area and lot width of a residential parcel.
2. The strict application of the terms of the zoning regulations from which the Variance is being sought deprives the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification because of the following special circumstances applicable to the property related to size, shape, topography, location or surroundings:
a. The property was illegally created by deed in 1926. Had the property been legally created, the applicant would be allowed to build on the property regardless of the lot size. Not granting this variance would render the property useless by preventing future development on the site that is similar to other residential developments on the adjacent and surrounding properties that also have lot sizes smaller than the R1-14.4 zone.
3. The approval of V2020-0003 does not constitute the granting of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is located for the following reasons:
a. The Variance is not a granting of special privileges because other residential parcels within the immediate vicinity enjoy privileges under the identical zone classification to which the subject property is currently being deprived of. b. The proposed development of a single family home is a permitted land use in the R1-14.4 zone and is consistent with the other single family houses developed in the immediate area.
RESOLUTION NO. 2644
APPLICATION NO. V2020-0003
PAGE | 3
4. The Variance will not adversely affect property and the use thereof in the vicinity of subject property or the public health, safety, and general welfare for the following reasons:
a. The Variance will not adversely affect the properties in the vicinity, because the subject property is consistent with the size of surrounding parcels and is capable of accommodating a single family house according to the on-site development standards of the R-1-14.4 zone.
b. The Variance will not affect the property or use thereof in the vicinity of the subject site because the development of the site will require the construction of the missing public improvements and roadway adjacent to the property.
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered to the City Clerk of said City and a copy thereof be sent to the applicant therefore at the address of said applicant as set forth in the application for said Variance.
LOCATIONAL & ZONING MAP
V2020-0003
1765 Bobbitt Avenue
APN: 116-120-021
ZONING LEGEND:
R-1-14.4 (Single Family Residential)
ER (Estate Residential)
LIBERTY DR.
ER
R1-14.4
ER
BOBBITT AVE.
Subject
Site
R1-14.4
R1-14.4
ER
Christopher Horn
Development Services R.C.E. No. 81236 Date 1 1 CITY OF CORONA 1765 BOBBITT AVE. SITE PLAN BOBBITT AVE. PROPOSED HOUSE HOWE STREET BASIS OF BEARINGS: LEGAL DESCRIPTION CIVIL ENGINEER BENCHMARK: SITE INFORMATION: VICINITY MAP APPLICANT / OWNER: PFT PROPERTIES LEGEND EARTH QUANTITY ESTIMATES:
EXIST. LAND USE: SFR
EXIST. LAND USE: SFR
1 2 3 4 5 6
SP2 & CO
VARIANCE EXHIBIT
1765 BOBBITT AVE.
BOBBITT AVE.
SITE
LEGAL DESCRIPTION SITE INFORMATION:
PFT PROPERTIES
CORONA, CA SITE
VICINITY MAP HOWE ST.
SUMMARY TABLE
Bk 108
Pg 58
Bk 108
Pg 60
Pg 09
25 303.60
135
L=23.43
145
POR SEC. 18 T 4S R 6W
CITY OF CORONA
T.R.A. 004-000 116-12
106-23
135 O.A.C.
30 25
50 Date Old Num New Num
ASSESSOR'S MAP BK116 PG.12Riverside County, Calif. avatchar 303.60
STREET O.A.C. 283.14
Data *
RS 64/18 PM 19/33-34
PM 130/56-57
Map Reference *
MB 13/65-69 OVERLOOK ADDITION TO CORONA MB 188/6-7 TRACT MAP NO. 21268 Legend
Lot Lines Right-Of-Way Old Lot Lines Reference R.O.W Other Easements Lease Area Subdivision Tic Mark 255.92
286
25 L=20.53 330 135 116.89 215.09
HOWE TR 21268 STREET
50 LOT B
LOT NN
50 130.13 50 25 25 50
50 115.13
24 30 25
1 2 ( 46( 43 23
22 50
25 21
20 (
135
11 10(
09(
19 18
17 25 135
130
16 39( 30 15
130
1 2 135 25 ( 14
22 13
25 14
1 2
35( 13 25
135
130
31( 30 30
12 11
30 130
135
10 9
8 25 30 135 60.11
260.08
28(
1.70 AC ML
260.08
1 " = 100 '
THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCEL MAY NOT COMPLY WITH LOCAL LOT-SPLIT OR BUILDING SITE ORDINANCES. 135
30 1 50
3 4 5
44(
6 02( 2
BLK. K
3 50
300
4 12( 5
POR GOVT LOT 1 135
03(
04(
05(
135
6 18(
2.27 AC ML
BLK. I
7 8
9 06(135
10 300
Bk 108
Pg 57 Bk 108
Pg 32 3 4 5 6
11 BLK. L
( Pg 13
21( 20( 19
49( Pg 12
12 Pg 14
LOT RR LOT SS
50( 150
1 150
3 4 5 6 ( 2 BLK. M 45 135
34( 3
145
203.11 BLK. J 150
4 6 135
5 36(
30(6
7 131.90
135
150
4 5
29(
1.00 AC ML
38( 37(
131.90 150 TR 21268
BOYD
AVENUE ©
4/1/1999 1,16 ST 4/1/1999 23,33 ST 9/1/2002 8 39,ST
4/1/2006 14 40,41 4/1/2006 15,17,41 42 6/1/2006 40 43 6/1/2006 42 44 1/1/2007 25 45,ST 11/1/2007 13 46,ST 9/5/2012 ADD ASMNT 47,48 9/5/2012 7,47 49 Sep 2012
9/5/2012 32,48 50
6,750 SF
LOTS
10,125 SF
LOTS
SUBJECT
SITE
1765 BOBBITT AVENUE, CORONA, CA
APN 116-120-021
SITE PHOTOGRAPHS
APN 116-120-021
Southside of site from Bobbitt Avenue looking NORTH.
Southside of site looking SOUTH towards Bobbitt Avenue.
SITE PHOTOGRAPHS
APN 116-120-021
Northside of site looking NORTH.
Northside of site looking NORTHWEST.
SITE AND SURROUNDING PHOTOGRAPHS
APN 116-120-021
Southwest corner of site looking WEST.
Westside of site looking WEST.
SITE AND SURROUNDING PHOTOGRAPHS
APN 116-120-021
Southeast corner of site looking NORTHEAST.
Eastside of site looking EAST.
SURROUNDING PHOTOGRAPHS
APN 116-120-021
View from corner of Howe Street and Bobbitt Avenue looking NORTHEAST.
View from Howe Street and Bobbitt Avenue looking EAST.
View from Bobbitt Avenue looking NORTH on Howe Street.
SURROUNDING PHOTOGRAPHS
APN 116-120-021
View on Howe Street looking NORTH towards Bobbitt Avenue.
View on Bobbitt Avenue looking WEST towards Howe Street.
Notice of Exemption FORM “A”
NOTICE OF EXEMPTION
TO:
☒ Office of Planning and Research
P. O. Box 3044, Room 113
Sacramento, CA 95812-3044
FROM:
(Public
Agency)
Name: City of Corona, Planning &
Development Department
Address: 400 S. Vicentia Ave., Suite
120, Corona, CA 92882
Telephone: 951-736-2434
☒ Clerk of the Board of Supervisors
or
County Clerk (Include County name)
Address: 2724 Gateway Drive
Riverside, CA 92507
1. Project Title: Variance (V2020-0003)
2. Project Applicant: Carlos Padilla, PFT Properties, 13351 Magnolia Avenue, Corona, CA 92879
3. Project Location – Identify street address and cross streets or attach a map showing project site
(preferably a USGS 15’ or 7 1/2’ topographical map
identified by quadrangle name):
1765 Bobbitt Avenue (116-120-021), east of Howe St.
4. (a) Project Location – City: Click to enter City (b) Project Location – County: Riverside
5. Description of nature, purpose, and beneficiaries of Project:
Variance request from Sections 17.20.060 and
17.20.070(A) of the Corona Municipal Code (CMC) to
reduce the minimum lot area requirement from 14,400
square feet to 10,125 square feet and the minimum lot
width requirement from 90 feet to 75 feet.
6. Name of Public Agency approving project: City of Corona
7. Name of Person or Agency undertaking the project,
including any person undertaking an activity that
receives financial assistance from the Public Agency
as part of the activity or the person receiving a lease, permit, license, certificate, or other entitlement of use from the Public Agency as part of the activity:
Carlos Padilla, PFT Properties, 13351 Magnolia Avenue,
Corona, CA 92879
8. Exempt status: (check one)
(a) ☐ Ministerial project. (Pub. Resources Code § 21080(b)(1); State CEQA Guidelines § 15268)
(b) ☐ Not a project.
(c) ☐ Emergency Project. (Pub. Resources Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c))
Notice of Exemption FORM “A”
(d) ☒ Categorical Exemption.
State type and section number:
Class 3 categorical exemption under Section 15303(a)
(New Construction or Conversion of Small Structures) of the State Guidelines for the California Environmental
Quality Act (CEQA) and Section 3.28 of the City of Corona adopted Local Guidelines for Implementing CEQA.
(e) ☐ Declared Emergency. (Pub. Resources Code § 21080(b)(3); State CEQA Guidelines § 15269(a))
(f) ☐ Statutory Exemption.
State Code section number:
(g) ☐ Other. Explanation:
9. Reason why project was exempt: The project qualifies as a Class 3 categorical exemption under Section 15303(a) (New Construction or Conversion
of Small Structures) of the California Environmental
Quality Act (CEQA) and Section 3.28 of the City of Corona adopted Local Guidelines for Implementing CEQA. The
project is a variance from the Corona Municipal Code
(CMC) pertaining to a reduction in lot area and lot width to accommodate a new single family home. The exemption
applies to a single family residential units in a residential zone, which will not result in any impacts to the
environment and therefore, there is no possibility that the project will have a significant effect on the environment.
10. Lead Agency Contact Person:
Telephone:
Rocio Lopez, Consulting Planner
(951) 736-2293
11. If filed by applicant: Attach Preliminary Exemption Assessment (Form “A”) before filing.
12. Has a Notice of Exemption been filed by the public agency approving the project? Yes ☒ No ☐
13. Was a public hearing held by the Lead Agency to consider the exemption? Yes ☒ No ☐ If yes, the date of the public hearing was: August 26, 2024 ________________________________
Signature Date: Click to enter date
Rocio Lopez______________________
Name Title: Planning Consultant
☐ Signed by Lead Agency ☐ Signed by Applicant
Date Received for Filing: Click to enter date
(Clerk Stamp Here)
Authority cited: Sections 21083 and 21110, Public Resources Code.
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.