DATE: 09/18/2024
TO: Honorable Mayor and City Council Members
FROM: Planning and Development Department
2024-14
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
VARIANCE 2020-0003 FROM SECTIONS 17.20.060 AND 17.20.070(A) OF THE CORONA MUNICIPAL CODE (CMC) PERTAINING TO THE R-1-14.4 (SINGLE FAMILY
RESIDENTIAL) ZONE TO REDUCE THE MINIMUM LOT AREA AND THE MINIMUM LOT WIDTH REQUIREMENTS FOR PROPERTY LOCATED AT 1765 BOBBITT AVENUE (116-120-021) (APPLICANT: CARLOS PADILLA, PFT PROPERTIES) EXECUTIVE SUMMARY:
This staff report asks the City Council to affirm the decision by the Planning and Housing Commission approving Variance 2020-0003 for a 10,125 square foot parcel located in the R-1-14.4 zone. The R-1-14.4 zone is governed by CMC Chapter 17.20 and requires lots to have a minimum lot size of 14,400 square feet and a minimum lot width of 90 feet. The subject lot located at 1765 Bobbit Avenue was illegally created by a deed in 1926. The lot is vacant and before it can be developed, the applicant is required to record a Certificate of Compliance against the property to have it legally established. Before the City issues a Certificate of Compliance a variance, must be approved to allow the lot to be legally established at a lot size and lot width smaller than required by the R-1-14.4 zone.
RECOMMENDED ACTION:
That the City Council:
a. Take no action, thereby affirming the Planning and Housing Commission’s action granting V2020-0003, based on the finding contained in the staff report and conditions of approval.
OR
b. Set the item for review at a subsequent meeting.
BACKGROUND & HISTORY:
The subject lot located at 1765 Bobbit Avenue was illegally created by deed in 1926 by the original owner. To legalize the creation of the lot, the applicant submitted a Certificate of Compliance (CC2020-0005) which requires approval by the Board of Zoning Adjustment (BZA). Before the BZA can review and approve CC2020-0005, a variance must first be approved, which will allow the lot to be legally established at a lot size and lot width smaller than required by the R-1-14.4 zone. This is the reason for V2020-0003.
The Planning and Housing Commission at its meeting on August 26, 2024, approved V2020-0003.
ANALYSIS:
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 and future development will include right-of-way dedication and public street improvements adjacent to the property’s frontage. The applicant is proposing to develop the property with a new 1,620 square foot single family house with an attached two-car garage. Regardless of the smaller lot size and lot width, the proposed single-family house meets the onsite building setbacks, lot coverage, and building height of the R-1-14.4 zone.
The adjacent property to the west of the project site has the same zoning and the same lot size of 10,125 square feet. Other parcels located in proximity of the project site on the east side of Howe Street, north of Bobbitt Avenue are also smaller than the minimum lot size of 14,400 square feet. Unlike the project site, these lots were legally created and eventually developed with single family houses according to the development standards of the R-1-14.4 zone regardless of the lot size being smaller than the minimum requirement.
According to CMC Section 17.96.020, a variance can be granted 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 illegal creation of this property qualifies as a special circumstance applicable to 1765 Bobbit Avenue under the CMC. 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 project site is similar in lot area and dimensions to the adjacent parcel to the west and larger than other parcels located on Howe Street in proximity to the project site. Most of these substandard sized lots all contain single family houses. 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 the identical zone classification.
FINANCIAL IMPACT:
The applicant paid the application processing fees of $4,735 to cover the cost of the Variance.
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, on a lot size that is similar to other residential lot sizes in the immediate area and within the city in general. As such, V2020-0003 will not have a significant effect on the environment.
PLANNING AND HOUSING COMMISSION ACTION:
At its meeting of August 26, 2024, the Planning and Housing Commission considered the subject matter and took the following action:
Motion was made, seconded (Siqueland/Longwell) and carried with Chair Woody voting “No”, that the Planning and Housing Commission find the project exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303(a) and adopted Resolution No. 2644 granting V2020-0003, based on the findings contained in the staff report and conditions of approval. The minutes of the Planning and Housing Commission meeting are included as Exhibit 4.
PREPARED BY: JOANNE COLETTA, PLANNING AND DEVELOPMENT DIRECTOR ATTACHMENTS:
1. Exhibit 1 – Locational and zoning map
2. Exhibit 2 – Site plan for Variance 2020-0003
3. Exhibit 3 – Planning and Housing Commission staff report
4. Exhibit 4 – Draft minutes of the Planning and Housing Commission meeting of August 26, 2024