HomeMy WebLinkAbout02-82 - Resolutions RESOLUTION NO. 02-82
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT DRC2002-00189, A REQUEST TO
CONSTRUCT A SECOND DWELLING UNIT OF 720 SQUARE FEET
ABOVE A MULTI-VEHICLE GARAGE OF 1,560 SQUARE FEET,
WITH CUT IN EXCESS OF 5 FEET ON A PROPERTY WITH A
SLOPE GREATER THAN 8 PERCENT, ON A 25,611 SQUARE
FOOT LOT IN THE VERY LOW RESIDENTIAL DISTRICT
(1-2 DWELLING UNITS PERACRE), LOCATED AT 8988 MUSTANG
ROAD, AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 1062-051-10.
A. Recitals.
1. David Nadalet filed an application for the issuance of Conditional Use
Permit DRC2002-00189, 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 14th day of August 2002, 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.
3. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved bythe Planning Commission
of the City of Rancho Cucamonga as follows:
1. The Planning 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 the Planning Commission during the
above-referenced public hearing on August 14, 2002, including written and oral staff reports,
together with public testimony, the Planning Commission hereby specifically finds as follows:
a. The application applies to a 25,611 square foot property located in the Very Low
Residential District with a street frontage of about 110 feet and a lot depth averaging approximately
210 feet that is presently improved with a 5,400 square foot two-story single-family dwelling unit with
an attached three-car garage and driveway; and
b. The application contemplates the construction of a 2,280 square foot accessory
structure that will be comprised of a 720 square foot second dwelling unit and a 1,560 square foot
multi-vehicle garage. The second dwelling unit will be used for the purpose of housing the
applicant's elderly parents; and
C. The properties to the south, east, and west of the subject site are zoned Very Low
Residential and are improved with single-family dwelling units while the property to the north is zoned
Open Space and is improved with a park; and
PLANNING COMMISSION RESOLUTION NO. 02-82
CUP DRC2002-00189— DAVID NADALET
August 14, 2002
Page 2
d. Because the applicant's proposal requires soil be removed that exceeds 5 feet in
vertical depth from an embankment with a slope of 8 percent or more, the Conditional Use Permit
application is subject to the review and approval by the Planning Commission; and
e. The existing lot coverage is 11 percent. The total lot coverage following the
completion of the accessory structure will be 17 percent. The maximum lot coverage permitted in
the Very Low Residential zone is 25 percent; and
f. The applicant is also requesting a Minor Exception (related file: DRC2002-00478)
permitting the construction of a 6-foot high retaining wall with a 5-foot high wrought iron fence directly
above it. The overall height will be 11 feet (calculated height= 8 feet) and will be located along the
east property line.
3. Based upon the substantial evidence presented to the Planning Commission during the
above-referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1 and
2 above, the Planning Commission hereby finds and concludes as follows:
a. The proposed use is in accord with the General Plan, the objectives of the
Development Code, and the purposes of the district in which the site is located; and
b. The proposed use, together with the conditions applicable thereto, will not be
detrimental to the public health, safety, or welfare or materially injurious to properties or
improvements in the vicinity; and
C. The application,which contemplates operation of the proposed use, complies with
each of the applicable provisions of the Development Code.
4. The Planning Commission hereby finds and determines that the project identified in this
Resolution is categorically exempt from the requirements of the California Environmental Quality Act
of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the
State CEQA Guidelines.
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3,and 4 above,the
Planning Commission hereby approves the application, subject to each and every condition set forth
below and in the Standard Conditions, attached hereto and incorporated herein by this reference.
Planning Division:
1) Approval shall expire, unless extended by the Planning Commission, if
building permits are not issued or the approved use has not
commenced within 5 years of this date.
2) Approval of this request shall not waive compliance with any sections of
the City's Development Code, State Fire Marshal's regulations, Uniform
Building Code, or any other City Ordinances.
3) Approval of this request does not waive or override the requirement of
the property owner to adhere to the requirements set forth in any
CC&Rs applicable to this property.
PLANNING COMMISSION RESOLUTION NO. 02-82
CUP DRC2002-00189- DAVID NADALET
August 14, 2002
Page 3
4) Approval is for the construction of a 2,280 square foot, two-story
accessory structure comprised of a second dwelling unit of 720 square
feet above a 1,560 square foot garage at the rear of the subject
property.
5) The design and architectural features of the accessory structure shall
match the existing primary residence including, but not limited to,
materials, finish, roofing, and colors.
6) Landscaping shall be installed along all proposed retaining walls to
mitigate their height per the City's Development Code and to the
satisfaction of the City Planner.
7) All retaining/garden walls shall be separated from adjacent walls by a
minimum of 3 feet (horizontal dimension measured from inside wall
face to inside wall face).
Engineering Division:
1) Grading Plan and grading permit will be required, prior to building
permit issuance.
2) Additional development impact fees at building permit issuance, for
second dwelling unit shall apply:
Beautification $200.00
Park Fees $300.00
Transportation $1026.03
6. The Secretary shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 14TH DAY OF AUGUST 2002.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
- 1
t`
BY:
arty T. cNiel, Chairman
ATTEST:
rad Bulle reta
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 14th day of August 2002, by the following vote-to-wit:
PLANNING COMMISSION RESOLUTION NO. 02-82
CUP DRC2002-00189 — DAVID NADALET
August 14, 2002
Page 4
AYES: COMMISSIONERS: MANNERINO, MCNIEL, STEWART, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MACIAS
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT#: DRC2002-00189 (Related File: DRC2002-00478
SUBJECT: Conditional Use Permit—Second Dwelling Unit
APPLICANT: David Nadalet
LOCATION: 8988 Mustang Road
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. General Requirements Completion Date
1. 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 at its own expense in the defense of any such action
but such participation shall not relieve applicant of his obligations under this condition.
2. Approval is granted subject to the City Planner's approval of Minor Exception
(DRC2002-00478).
3. A copy of the signed Resolution of Approval or City Planner's letter of approval, and all
Standard Conditions, shall be included in legible form on the grading plans, building and
construction plans, and landscape and irrigation plans submitted for plan check.
B. Time Limits
1. Conditional Use Permit, Variance, or Development/Design Review approval shall expire if
building permits are not issued or approved use has not commenced within 5 years from the
date of approval. No extensions are allowed.
C. Site Development
1. The site shall be developed and maintained in accordance with the approved plans which
include site plans, architectural elevations, exterior materials and colors, landscaping, sign
program, and grading on file in the Planning Division, the conditions contained herein, and
Development Code regulations.
SC-07-02 1
Project No.DRC2002-00189
Completion Date
2. Prior to any use of the project site or business activity being commenced thereon, all
Conditions of Approval shall be completed to the satisfaction of the City Planner.
3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code
and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall
be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety
Division to show compliance. The buildings shall be inspected for compliance prior to
occupancy.
4. Revised site plans and building elevations incorporating all Conditions of Approval shall be
submitted for City Planner review and approval prior to the issuance of building permits.
5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for
consistency prior to issuance of any permits (such as grading, tree removal, encroachment,
building, etc.) or prior to final map approval in the case of a custom lot subdivision, or
approved use has commenced, whichever comes first.
6. Approval of this request shall not waive compliance with all sections of the Development
Code, all other applicable City Ordinances, and applicable Community or Specific Plans in
effect at the time of building permit issuance.
7. Slope fencing along side property lines may be wrought iron or black plastic coated chain link
to maintain an open feeling and enhance views.
8. For residential development, return walls and corner side walls shall be decorative masonry.
D. Building Design
1. All roof appurtenances, including air conditioners and other roof mounted equipment and/orI—
projections, shall be shielded from view and the sound buffered from adjacent properties and
streets as required by the Planning Division. Such screening shall be architecturally
integrated with the building design and constructed to the satisfaction of the City Planner.
Details shall be included in building plans.
E. Landscaping
1. All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less than
2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for
erosion control. Slope planting required by this section shall include a permanent irrigation
system to be installed by the developer prior to occupancy.
2. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or
greater slope shall be landscaped and irrigated for erosion control and to soften their
appearance as follows: one 15-gallon or larger size tree per each 150 sq. ft. of slope area,
1-gallon or larger size shrub per each 100 sq. ft. of slope area, and appropriate ground
cover. In addition, slope banks in excess of 8 feet in vertical height and 2:1 or greater slope
shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees
and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope
planting required by this section shall include a permanent irrigation system to be installed by
the developer prior to occupancy.
3. All walls shall be provided with decorative treatment. If located in public maintenance areas,
the design shall be coordinated with the Engineering Division.
SC-07-02 2
Project No.DRC2002-00189
Completion Date
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S)
F. General Requirements
1. Submit five complete sets of plans including the following:
a. Site/Plot Plan;
b. Foundation Plan;
C. Floor Plan;
d. Ceiling and Roof Framing Plan;
e. Electrical Plans (2 sets, detached) including the size of the main switch, number and
size of service entrance conductors, panel schedules, and single line diagrams;
I. Plumbing and Sewer Plans, including isometrics, underground diagrams, water and
waste diagram, sewer or septic system location, fixture units, gas piping, and heating
and air conditioning; and
g. Planning Division Project Number (i.e., TT #, CUP #, DR #, etc.) clearly identified on
the outside of all plans.
2. Submit two sets of structural calculations, energy conservation calculations, and a soils
report. Architect's/Engineer's stamp and "wet" signature are required prior to plan check
submittal.
3. Contractors must show proof of State and City licenses and Workers' Compensation
coverage to the City prior to permit issuance.
4. Separate permits are required for fencing and/or walls.
G. Site Development
1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be _/_J_
marked with the project file number (i.e., DRC2001-00189). The applicant shall comply with
the latest adopted California Codes, and all other applicable codes, ordinances, and
regulations in effect at the time of permit application. Contact the Building and Safety
Division for availability of the Code Adoption Ordinance and applicable handouts.
2. Prior to issuance of building permits for a new residential project or major addition, the
applicant shall pay development fees at the established rate. Such fees may include, but are
not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development
Fee, Permit and Plan Check Fees, and School Fees. Applicant shall provide a copy of the
school fees receipt to the Building and Safety Division prior to permit issuance.
3. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday
through Saturday, with no construction on Sunday or holidays.
H. New Structures
1. Provide compliance with the California Building Code (CBC) for property line clearances
considering use, area, and fire-resistiveness.
2. Provide compliance with the California Building Code for required occupancy separations.
SC-07-02 3
Project No.ORC2002-00189
Completion Date
3. Roofing material shall be installed per the manufacturer's "high wind" instructions.
I. Grading
1. Grading of the subject property shall be in accordance with California Building Code, City
Grading Standards, and accepted grading practices. The final grading plan shall be in
substantial conformance with the approved grading plan.
2. A soils report shall be prepared by a qualified engineer licensed by the State of California to
perform such work.
3. A geological report shall be prepared by a qualified engineer or geologist and submitted at
the time of application for grading plan check.
4. The final grading, appropriate certifications and compaction reports shall be completed,
submitted, and approved by the Building and Safety Official prior to the issuance of building
permits.
5. A separate grading plan check submittal is required for all new construction projects and for _/_/_
existing buildings where improvements being proposed will generate 50 cubic yards or more
of combined cut and fill. The grading plan shall be prepared, stamped, and signed by a
California registered Civil Engineer.
APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
J. Security Hardware
1. A secondary locking device shall be installed on all sliding glass doors.
2. One-inch single cylinder dead bolts shall be installed on all entrance doors. If windows are
within 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be
used.
3. All garage or rolling doors shall have slide bolts or some type of secondary locking devices.
K. Windows
1. All sliding glass windows shall have secondary locking devices and should not be able to be
lifted from frame or track in any manner.
L. Building Numbering
1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for
nighttime visibility.
APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, FIRE PROTECTION
PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
SEE ATTACHED
SC-07-02 4
FIRE PROTECTION DISTRICT
,
FIRE SAFETY DIVISION
PRELIMINARY REVIEW
FD PLAN REVIEW#: FD-02-0652-a
PROJECT#: DRC2002-00189
PROJECT NAME: Nadalet "Granny" Flat
DATE: July 1, 2002
PLAN TYPE: SFR
APPLICANT NAME: David Nadalet
OCCUPANCY CLASS: Group R Division 3
FLOOR AREA (S): 858 s.f.
TYPE CONSTRUCTION: Type V-N
LOCATION: 8988 Mustang Road
FD REVIEW BY: Steve Locati Fire Protection Planning Specialist
PLANNER: Michael Smith
ALL OF THE FOLLOWING CORRECTIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, (909) 477-2770, EXT.
3009, TO VERIFY COMPLIANCE WITH THE FOLLOWING CORRECTIONS:
Completion Date
A. Outstanding Fire District Issues
1. Service Fees Due: This project has Fire District Service Fees in the amount of$132 due
and payable at this time. Please remit payment by check made payable to the"Rancho
Cucamonga Fire District." The fees are due for the following service(s): CUP Review
B. Automatic Fire Sprinkler Systems
1. Required Installations:
Rancho Cucamonga Fire District Ordinance 15 or other adopted code or standard, requires
an approved automatic fire sprinkler system to be installed in any of the following:
a. All structures that do not meet Fire District access requirements (See Fire Access
Below)
2. Access Mitigation: Any structure or building that does not meet minimum Fire District
access requirements shall be protected by an approved automatic fire sprinkler system.
See Fire Access below for deficiency requiring mitigation
3. Plans and Permit: Plans for the required automatic fire sprinkler system shall be
submitted to Fire Construction Services for review and approval. No work is allowed
without a Fire Construction Services permit.
4. Final Inspection: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler
system(s) shall be tested and accepted by Fire Construction Services.
C. Fire Access
1. Access Roadways Defined: Fire District access roadways include public roads, streets,
and highways, as well as private roads, streets, drive aisles and designated fire lanes.
2. Location of Access: All portions of the structure or facility or any portion of the exterior wall
of the first story shall be located within 150-feet of Fire District vehicle access, measured by an
unobstructed approved route around the exterior of the building. Landscaped areas, unpaved
changes in elevation, gates, and fences are an obstruction.
3. Inadequate Access: Required Fire District access, in accordance with Fire Code Section
902.2.1, is not provided. The structure or facility shall be protected by an approved automatic
fire sprinkler system or the structure shall be relocated.
D. Fire District Service Fees'
The following service fees are due to the Fire District and payable at this time:
$132 Conditional Use Permit Review Fee (CUP)
$132-Total due at this time. Remit payment by check made payable to the"Rancho
Cucamonga Fire District"
" Plus a microfiche/laser-fiche fee of $1.00 per plan sheet for all final plans approved by the Fire
Safety Division.
`Note: Separate plan check fees will be assessed by the Fire Construction Services Unit
for review of tenant improvement work,fire protection systems(fire sprinklers, alarm systems,
fire extinguishing systems, etc.), and/or any consultant reviews upon submittal of plans.
E. Plan Submittal Required Notice
Required plans shall be submitted and approved prior to construction in accordance with
1997/98 Building, Fire, Mechanical, and Plumbing Codes; 1999 Electrical and RCFPD
Ordinances FD15 and FD32, Guidelines and Standards.
NOTE: In addition to the fees due at this time please note that separate plan check fees for
tenant improvements,fire protection systems and/or any consultant reviews will be assessed
at time of submittal of plans.
F. Alternate Materials and Methods
The Fire Safety Division will review requests for alternate materials and methods within the scope
of our authority. The request must be submitted on the Fire District"Application for Alternate
Method"form along with supporting documents. Contact this Fire Safety Division at(909)477-
2770 for assistance.
Fire District Standard Conditions -Template
SL 8/5/2002 Revision