RESOLUTION NO. 2023-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NORCO, CALIFORNIA GRANTING WITH CONDITIONS A VARIANCE
FROM THE MINIMUM NET LOT SIZE REQUIREMENT OF 20,000
SQUARE FEET OF NORCO MUNICIPAL CODE SECTION 18.13.10 –
“LOT AND PAD AREA” IN THE A-1 ZONE, TO ALLOW A LOT LINE
ADJUSTMENT ON A VACANT PARCEL ON SOUTHFORK DRIVE WITH
THE APN 133-340-023 AND LOCATED WITHIN THE A-1
(AGRICULTURAL LOW DESTINY) ZONE. VARIANCE 2023-01
WHEREAS, RICK JONES (ON BEHALF OF THERESA BACARELLA) submitted an application to the City of Norco, California, for a variance under provisions of Title 18 of the Norco Municipal Code, on property generally described as:
The Northerly 150 feet of the Southerly 630 feet of the East half of Lot 2 in Block 38 A of Norco Farms Tract No.3 in the City of Norco, County of Riverside, State of California, as shown by Map on file in Book12, Page 33 of Maps, in the office of the county recorder of Riverside County California; and
More generally described as a rectangular-shaped parcel consisting of approximately 24,750 square feet/.57 acres, having a width of 150 feet and a maximum depth of 165 feet and being further identified with the Assessor’s Parcel Number (APN) 133-340-023.
WHEREAS, said application for a variance was submitted to the City of Norco Planning Commission for decision and scheduled for a public hearing on or about 7 p.m. on February 8, 2023 in the City Council Chambers, 2820 Clark Avenue, Norco, California, 92860; and
WHEREAS, notice of public hearing on said variance was given in the manner and for times required by law; and
WHEREAS, at the time and place set, said Planning Commission did hold a public hearing to consider the aforesaid variance and did receive both oral and written testimony pertaining to the said application; and
WHEREAS, the proposed variance on file with the Planning Division is consistent with the City’s General Plan; and
WHEREAS, the City of Norco, acting as the Lead Agency, has determined that the proposed project is categorically exempt from environmental assessment; and
Resolution No. 2023-03
February 8, 2023
WHEREAS, after the close of said hearing and deliberation, the Planning Commission did find and determine by formal action based on the evidence presented to the Commission during the said hearing as follows:
I. FINDINGS:
A. There are special characteristics attached to the subject property, which do not generally apply to other properties in the area. The configuration and characteristics of the property (along with all the properties on the west side of Southfork Drive that are all part of the same subdivision) are special in that property does not have the required depth and there is a 30-foot deep access easement on the property. The subject property has a depth of 165 feet, but which is reduced to 135 after the road easement thus not meeting the minimum net depth requirement. A property meeting the minimum depth requirement and with no road easement, provides more flexibility in meeting the minimum lot size.
B. Granting of the variance is necessary to avoid practical difficulty, undue hardship, or results inconsistent with the general purpose of the Zoning Code.
The requested variance will facilitate the approval of a lot line adjustment to correction a situation where a building was built on property line.
C. Granting of the variance will not result in material damage or prejudice to other properties in the vicinity, nor be detrimental to the public health, safety, or welfare. The granting of the Variance would not result in prejudice to the other properties in the vicinity and would not give a special privilege to the subject property, since all property owners within the A-1 Zone have the right to apply and have a Variance approved if conditions warrant the approval. The granting of this Variance would not result in material damage or have a detrimental impact on adjacent properties and the variance would not be detrimental to the public health, safety or welfare, as the existing structure built on property line was constructed with a building permit.
D. Granting of the variance will not be contrary to the City's General Plan. The general plan designation for the subject property is “RA" (ResidentialAgricultural) with a zoning designation of A-1 which is consistent with the General Plan. The objectives of the General Plan are to are too allow lowdensity residential uses in the corresponding zone and animal keeping. The requested variance is not contrary to the objectives of the General Plan because it does not inhibit or interfere with the permitted uses on the subject and adjacent properties.
Resolution No. 2023-03
February 8, 2023
E. The granting of the variance will not limit animal keeping on the lot. With or without approval of the variance, animal keeping will still be permitted on the property.
II. DETERMINATION:
NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Norco, California, in regular session assembled February 8, 2023 that the aforesaid application for a variance is hereby granted subject to the following conditions:
1. Approval is based on Exhibit “D” - Site Plan dated received January 25, 2023, and incorporated herein by reference, and on file with the Planning Division.
Development shall remain as shown unless otherwise noted in these conditions.
2. The recorded owner of the property shall submit to the Planning Division, for record purposes, written evidence of agreement with all conditions of this approval before said permit becomes effective.
3. The project shall be in compliance with the City of Norco Municipal Codes, Ordinances, and Resolutions. Noncompliance with any provisions of the Norco Municipal Code not specifically waived in compliance with City procedures shall constitute cause for revocation and/or termination of the approvals granted under authority of permit.
4. The applicant shall comply with all the requirements of the Planning, Engineering, Building Divisions; and the Fire and Sheriff’s Departments and all other applicable departments and agencies for future development of the site.
5. The applicant shall apply for the necessary lot line adjustment permit, and the applicant shall pay all applicable City of Norco fees prior to issuance of any permits.
6. This variance does not authorize any construction or development on the subject property. Approval of this variance only authorizes staff to proceed with approval of a lit line adjustment as depicted in Exhibit D.
7. With the approval of this variance, staff can proceed with a lot line adjustment, where the gross square footage of the property is 20,100 square feet, and 16,444 square feet after excluding the road easement (the net result). ##
Resolution No. 2023-03
February 8, 2023
PASSED AND ADOPTED by the Planning Commission of the City of Norco at a regular meeting held on February 8, 2023.
________________________
Danny Azevedo, Vice-Chair
Planning Commission
City of Norco, California
ATTEST:
_____________________
Alma Robles, Secretary
Planning Commission
City of Norco, California
I HEREBY CERTIFY that the foregoing Resolution was duly and regularly passed and adopted by the Planning Commission of the City of Norco at a regular adjourned meeting thereof held on February 8, 2023 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________
Alma Robles, Secretary
Planning Commission
City of Norco, California
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Planning Commission Minutes - February 8, 2023
6.B. Variance 2023-01 (Bacarella/Jones): A request for a Variance from the minimum net lot size requirement of 20,000 square feet of Norco Municipal Code Section 18.13.10 – “Lot and Pad Area” in the A-1 Zone, to allow a lot line adjustment on a vacant parcel on Southfork Drive with the APN 133-340-023 and located within the A-1 (Agricultural Low Destiny) Zone.
Director Robles presented that staff report on file, and provided a Power Point presentation for all to view.
Member Young questioned if the sites are owned by the same person or are they different, Director Robles noted that they are owned by separate owners.
Applicant present, Vice Chair Shyu questioned about the leach field noted on the site plan that is crossing over into Parcel B, the applicant explained the site will be connected to city sewer, so the leach field would be demolished.
Vice Chair Shyu noted that he disagrees with reducing the lot size. Member Sullivan and Member Young both agree with Vice Chair Shyu. Member Azevedo noted that a quarter acre lot can maintain animal keeping as well.
Minutes Excerpt
Director Robles noted that staff will bring a Variance to the Commission due to the fact that there is a unique item tied to the lot to allow for a Variance. Chair Hedges agreed with Member Azevedo.
Member Young questioned if the property owner was aware of the lot line issues, the applicant noted they were not aware.
Mary Jo, explained the issues with the current lot (Parcel A) and if not approved the lot will be non-compliant.
Lisa Loe, Attorney for applicant (Parcel B) explained the process and agreement that the two property owners have come to.
Vice Chair Shyu noted the new information from the comments of the speakers was very insightful, however still had an issue with allow the Variance to be approved.
M/S HEDGES/YOUNG to approve Variance 2023-01, to adopt Resolution 2023-03.
The Motion was carried by the following roll call vote:
AYES:
NOES:
HEDGES, AZEVEDO, AND YOUNG
SHYU AND SULLIVAN
ABSENT: NONE
ABSTAIN: NONE EXHIBIT B Page 348 of 354
1 Subject: [EXTERNAL] - Fw: DeCriscio/ urgent
From:
Sent: Thursday, February 23, 2023 11:11 PM
To: Robin Grundmeyer <[email protected]>
Subject: [EXTERNAL] ‐ Fw: DeCriscio/ urgent
EXTERNAL SENDER ‐ : This email is not from a CNUSD email address, when in doubt don't click links, open attachments, or reply.
Ms. Grundmeyer,
I am sending you this email here because I was unable to find another email address for you in regards to your mayoral duties. Since you were so helpful with nominating my boys for Xmas sponsorship while I was undergoing chemo and dealing with other major family tragedies, I hope you accept this email seeking your support.
On March 15th, a Variance Committee meeting appeal will be discussed and voted on by your city council panel. I feel that none of you have all of the critical facts that are needed to make an informed decision. Please read through these facts and represent them to your fellow panel.
1. In the variance meeting, Mr. Shu, the one who voted against the variance, had his facts wrong. He needed to understand the variance request. It was for the committee to consider the total lot square footage considered owned on the deeds for the property next door to me and not delete the square footage based on an easement, since the easement was established after the lots were created. These lots were subdivided in 1970 and my property was fenced in and developed with all building permits granted by the city as was built in 1972. The easements did not come into existence until years later. We had no idea for over 50 years that illegal shams were committed and my property and the one seeking this variance had the issues that we are trying our best to solve by righting the wrongs that were committed years ago.
2. If the city doesn't consider the total square footage based on the deed description, the city is in essence taking ownership away from us property owners.
3. PLUS more critically, the city put the sewer tie in for my property too close to the existing fence line for any other settlement option. I won't have a sewer tie in if the City Council doesn't grant the variance. It would be unethical and reprehensible for a city to take a perfectly habitable home and deprive it of a sewer system, making it uninhabitable when this city permitted EVERYTHING for over the last 50 years. THIS IS A MAJOR FACTOR IN WHY WE NEED THIS VARIANCE GRANTED.
4. Since I have paid for that sewer tie in on my water bill for years, the city would owe me years of reimbursement if they don't grant the variance that would allow me to tie into the city sewer that they installed as part of my home's access. It is the city who has made this a requirement as part of the Lot Line Adjustment that we need in order to settle this lawsuit.
5. In 2003 the city also permitted the addition of my barn and ordered that it be built as it currently sits. This was not the original request that we wanted, but the city would not permit the barn to be built behind the house and only granted a permit for its current location. Without the variance, I won't have a driveway to the barn.
6. My property currently sits at 150 square feet by 164.95 (including the easement), but I will also be losing additional square footage with the settlement for the lawsuit that is related to the lot next door to me that is requesting this variance.
We need this variance in order to settle this case that has been going on since 2018 and has cost me every penny I have.
On the maps, it will be deceptive that my legal property appears to be over 178 square feet by 164.95, however the real fact is that 33 feet by 164.95 feet of that was shifted into my other neighbor's property when the shams of the 1970's took place.
2 7. The CITY APPROVED contractor's of Southfork from the 1970's, Damon Construction, was in cahoots with one of your predecessors on the city council. They knowingly shifted Southfork's street as built east from the legal corners where it should have been developed because they actually used to own the lot that is currently seeking the variance. Since these properties are west of the street as built, their front yard square footage are actually greater on the land than what legal documents represent. The lot seeking variance will actually have more usable square footage as is on the land than what the legal documents will show. Instead of it being 20,100, she will actually have between 22,540-21,930. THIS IS EVIDENT WHEN ANYONE LOOKS AT THE LOCATION OF THE PROPERTY PIN IN THE STREET. THE PINS ARE NOT IN THE CENTER OF THE STREET. THEY ARE MUCH CLOSER TO THE BURM/CURB.
8. If the land owner seeking the variance builds up to the current street blacktop she will have even more than 22,540 square feet. The city granted the other property built last year to build on that same space, building their cement driveway up to the blacktop as well as their iron fence, and a cement curb.
9. We are seeking that the City Council help right the wrongs that occurred 50 plus years ago, grandfather existing as built structures, and support two neighbors who are trying to settle a horrible situation, by granting the variance that the Variance Committee already voted to pass with a win of 3-2.
Thank you for your compassion and your support in presenting these essential facts so that the City Council can uphold the Variance Committee's decision.
Nicki DeCriscio
714 904-0398
RESOLUTION NO. 2023-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, GRANTING WITH CONDITIONS, A VARIANCE FROM
THE MINIMUM NET LOT SIZE REQUIREMENT OF 20,000 SQUARE
FEET OF NORCO MUNICIPAL CODE SECTION 18.13.10 “LOT AND
PAD AREA” IN THE A-1 ZONE, TO ALLOW A LOT LINE ADJUSTMENT ON A VACANT PARCEL ON SOUTHFORK DRIVE WITH THE APN 133- 340-023, LOCATED WITHIN THE A-1 “AGRICULTURAL LOW
DESTINY” ZONE. VARIANCE 2023-01
WHEREAS, RICK JONES (ON BEHALF OF THERESA BACARELLA) submitted an application to the City of Norco, California, for a variance under provisions of Title 18 of the Norco Municipal Code, on property generally described as:
The Northerly 150 feet of the Southerly 630 feet of the East half of Lot 2 in Block 38 A of Norco Farms Tract No.3 in the City of Norco, County of Riverside, State of California, as shown by Map on file in Book12, Page 33 of Maps, in the office of the county recorder of Riverside County California; and
More generally described as a rectangular-shaped parcel consisting of approximately 24,750 square feet/.57 acres, having a width of 150 feet and a maximum depth of 165 feet and being further identified with the Assessor’s Parcel Number (APN) 133-340-023.
WHEREAS, said application for a variance was submitted to the City of Norco Planning Commission for decision and scheduled for a public hearing on or about 7:00 p.m. on February 8, 2023 in the City Council Chambers, 2820 Clark Avenue, Norco, California, 92860; and
WHEREAS, notice of public hearing on said variance was given in the manner and for times required by law; and
WHEREAS, at the time and place set, said Planning Commission did hold a public hearing to consider the aforesaid variance and did receive both oral and written testimony; and
WHEREAS, said Planning Commission approved Variance 2023-01; and WHEREAS, said approval was appealed by the City Council of the City of Norco and was scheduled for a public hearing before the City Council on March 15, 2023; and WHEREAS, notice of a public hearing on said petition was given in the manner and for times required by law; and
Resolution No. 2023-11 – Variance 2023-01
February 15, 2023
WHEREAS, at the time set, at 7:00 p.m. on March 15, 2023, within the Council Chambers at 2820 Clark Avenue, Norco, California, 92860, said appeal was heard by its City Council; and
WHEREAS, at said time and place set, said City Council considered both oral and written evidence pertaining to said application and conducted a de novo review of the application for a conditional use permit; and
WHEREAS, the proposed variance on file with the Planning Division is consistent with the City’s General Plan; and
WHEREAS, the City of Norco, acting as the Lead Agency, has determined that the proposed project is categorically exempt from environmental assessment; and NOW, THEREFORE, be it resolved that the City Council of the City of Norco, California, does hereby find and determine by formal action based on the evidence presented during said hearing as follows:
FINDINGS:
A. There are special characteristics attached to the subject property, which do not generally apply to other properties in the area. The configuration and characteristics of the property (along with all the properties on the west side of Southfork Drive that are all part of the same subdivision) are special in that property does not have the required depth and there is a 30-foot deep access easement on the property. The subject property has a depth of 165 feet, but which is reduced to 135 after the road easement thus not meeting the minimum net depth requirement.
A property meeting the minimum depth requirement and with no road easement, provides more flexibility in meeting the minimum lot size.
B. Granting of the variance is necessary to avoid practical difficulty, undue hardship, or results inconsistent with the general purpose of the Zoning Code. The requested variance will facilitate the approval of a lot line adjustment to correction a situation where a building was built on property line.
C. Granting of the variance will not result in material damage or prejudice to other properties in the vicinity, nor be detrimental to the public health, safety, or welfare.
The granting of the Variance would not result in prejudice to the other properties in the vicinity and would not give a special privilege to the subject property, since all property owners within the A-1 Zone have the right to apply and have a Variance approved if conditions warrant the approval. The granting of this Variance would not result in material damage or have a detrimental impact on adjacent properties and the variance would not be detrimental to the public health, safety or welfare, as the existing structure built on property line was constructed with a building permit.
Resolution No. 2023-11 – Variance 2023-01
February 15, 2023
D. Granting of the variance will not be contrary to the City's General Plan. The general plan designation for the subject property is “RA" (Residential-Agricultural) with a zoning designation of A-1 which is consistent with the General Plan. The objectives of the General Plan are to are too allow low-density residential uses in the corresponding zone and animal keeping. The requested variance is not contrary to the objectives of the General Plan because it does not inhibit or interfere with the permitted uses on the subject and adjacent properties.
E. The granting of the variance will not limit animal keeping on the lot. With or without approval of the variance, animal keeping will still be permitted on the property.
SECTION 1: The City Council of the City of Norco, California, in regular session assembled March 15, 2023 that the aforesaid application for a variance is hereby granted subject to the following conditions:
1. Approval is based on Exhibit “D” - Site Plan dated received January 25, 2023 (reference in the Planning Commission Report dated February 8, 2023), and incorporated herein by reference, and on file with the Planning Division.
Development shall remain as shown unless otherwise noted in these conditions.
2. The recorded owner of the property shall submit to the Planning Division, for record purposes, written evidence of agreement with all conditions of this approval before said permit becomes effective.
3. The project shall be in compliance with the City of Norco Municipal Codes, Ordinances, and Resolutions. Noncompliance with any provisions of the Norco Municipal Code not specifically waived in compliance with City procedures shall constitute cause for revocation and/or termination of the approvals granted under authority of permit.
4. The applicant shall comply with all the requirements of the Planning, Engineering, Building Divisions; and the Fire and Sheriff’s Departments and all other applicable departments and agencies for future development of the site.
5. The applicant shall apply for the necessary lot line adjustment permit, and the applicant shall pay all applicable City of Norco fees prior to issuance of any permits.
6. This variance does not authorize any construction or development on the subject property. Approval of this variance only authorizes staff to proceed with approval of a lit line adjustment as depicted in Exhibit D.
7. With the approval of this variance, staff can proceed with a lot line adjustment, where the gross square footage of the property is 20,100 square feet, and 16,444 square feet after excluding the road easement (the net result).
Resolution No. 2023-11 – Variance 2023-01
February 15, 2023
SECTION 2: EFFECTIVE DATE. This resolution shall become effective upon approval by the City Council of the City of Norco.
SECTION 3: NOTICE IS HEREBY GIVEN that this decision is final and that Code of Civil Procedure section 1094.6 provides that challenges to certain administrative decisions must be brought within 90 days by filing a petition for writ of mandate in the Superior Court.
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on March 15, 2023.
__________________________
Robin Grundmeyer, Mayor
City of Norco, California
ATTEST:
________________________________
Diane Germain, CMC, Deputy City Clerk
City of Norco, California
I, Diane Germain, CMC, Deputy City Clerk of the City of Norco, California, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Norco, California, duly held on March 15, 2023 by the following roll call vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on March 15, 2023.
________________________________
Diane Germain, CMC, Deputy City Clerk
City of Norco, California