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HomeMy WebLinkAbout13-29 - Resolutions RESOLUTION NO. 13-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MINOR EXCEPTION DRC2013-00202, A REQUEST TO CONSTRUCT WALLS OVER 6 FEET HIGH RELATED TO DEVELOPMENT REVIEW DRC2013-00201, A 30-UNIT SINGLE-FAMILY SUBDIVISION ON 8.85 ACRES LOCATED ON THE WEST SIDE OF STABLE FALLS AVENUE WITHIN THE LOW RESIDENTIAL DEVELOPMENT DISTRICT OF THE ETIWANDA NORTH SPECIFIC PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0225-161-19, 32, 33, and 34. A. Recitals. 1. Lennar Homes of California filed an application for the approval of Minor Exception DRC2013-00202, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 24th day of July 2013, 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 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 July 24, 2013, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The site is within the Etiwanda North Specific Plan (ENSP) and is surrounded by existing single-family development to the north and east, by a partially developed lot to the west, and by the SR-210 Freeway off ramp to the south; and b. Tentative Tract Map SUBTT18744 was approved on March 10, 2010, for the development of 30 single-family residences on 8.85 acres, and C. The lots range in size from 7,215 square feet to 21,201 square feet. A freeway sound wall has been approved along the south property line of the project site, and d. The applicant filed a Minor Exception (DRC2013-00202) for an additional 2 feet of wall height above the maximum 6 feet permitted by the Development Code. 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: PLANNING COMMISSION RESOLUTION NO. 13-29 MINOR EXCEPTION DRC2013-00202 - LENNAR HOMES OF CALIFORNIA July 24, 2013 Page 2 a. That the proposed development is of sufficient size and is designed so as to provide a desirable environment within its own boundaries. The subdivision was designed to minimize the necessity and height of the retaining walls. b. That the proposed development is compatible with existing and proposed land uses in the surrounding area. The retaining walls will match the materials used for the walls in the surrounding area. C. That the project does not include any exceptions to or deviations from the density, requirements, or design standards that would result in the creation of project amenities that would not be available through strict adherence to code provision. It is a common practice to permit combination retaining walls over 6 feet high when there are grade differences along common property lines. d. That the granting the Minor Exception will not adversely affect the interest of the public or interest of residents and property owners in the vicinity of the premises in question. The walls are the minimum necessary to retain the adjacent slopes and are required to be constructed of materials used in the surrounding area. e. That the Minor Exception is consistent with the General Plan or any applicable specific plan or development agreement. The General Plan and the Etiwanda North Specific Plan provide flexibility to the regulations where the site conditions cannot otherwise be mitigated. f. That the exception is the minimum required in that it allows the specified improvement or development to occur, but does not provide additional development rights. The walls are the minimum height necessary to retain the adjacent slope and provide a 6-foot high property line wall/fence. 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City adopted a Mitigated Negative Declaration on January 25, 2006 in connection with the City's approval of Tentative Tract Map SUBTT18744 pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. b. The Planning Commission finds, in connection with Tentative Tract Map SUBTT18744, that substantial changes to the project or the circumstances surrounding the project has not occurred which would create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration. The applicant proposes 30 single-family residences on the PLANNING COMMISSION RESOLUTION NO. 13-29 MINOR EXCEPTION DRC2013-00202 - LENNAR HOMES OF CALIFORNIA July 24, 2013 Page 3 previously approved 30-lot Tentative Tract Map (SUBTT18744). Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less-than-significant. The previously approved lots are surrounded by existing single-family residential development, and the proposed residences meet all development criteria outlined in the Etiwanda Specific Plan and the City's Development Code. C. Based on these findings and all evidence in the record, the Planning Commission concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of Development Review DRC2013-00201 and Minor Exception DRC2013-00202. 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 below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is for the construction of combination walls with a calculated height up to 8 feet high related to Development Review DRC2013-00201 - APN: 0225-161-19, 32, 33, and 34. 2) Approval is predicated on the approval of Development Review DRC2013-00201. 3) All walls exposed to the public view shall be decorative (i.e. stucco, slump stone, split face). 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF JULY 2013. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: �B r Frances Howdyshell, Chairman ATTEST: Candyce urnett, Secretary I, Candyce Burnett, Secretary of the Planning Commission for 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 24th day of July 2013. PLANNING COMMISSION RESOLUTION NO. 13-29 MINOR EXCEPTION DRC2013-00202 - LENNAR HOMES OF CALIFORNIA July 24, 2013 Page 4 AYES: COMMISSIONERS: FLETCHER, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HOWDYSHELL, MUNOZ ABSTAIN: COMMISSIONERS: NONE COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT M DRC2013-00201 AND DRC2013-00202 SUBJECT: DESIGN REVIEW AND MINOR EXCEPTION APPLICANT: LENNAR HOMES OF CALIFORNIA LOCATION: APN: 0225-161-19, 32, 33, AND 34. ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (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. Copies of the signed Planning Commission Resolutions of Approval No. 13-28 and 13-29 or _/_/_ Approval Letter, Standard Conditions, and all environmental mitigations 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. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. _/_/_ The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Manager hearing. a) Notice of Exemption -$50 X B. Time Limits 1. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 5 years from the date of approval or a time extension has been granted. 1 Project No. DRC2013-00201 AND DRC2013-00202 Completion Date 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 Department, the conditions contained herein, the Development Code regulations, and the Etiwanda North Specific Plan. 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 Planning Manager. 3. Occupancy of the facilities shall not commence until such time as all California 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 Services Department to show compliance. The buildings shall be inspected for compliance and final acceptance granted prior to occupancy. 4. Revised Site Plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Manager 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, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. 7. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Manager. For single-family residential developments, transformers shall be placed in underground vaults. 8. Street names shall be submitted for Planning Manager review and approval in accordance with the adopted Street Naming Policy prior to approval of the final map 9. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination and in conformance with Building and Safety Services Department standards, the Municipal Code and the Rancho Cucamonga Fire Department (RCFD) Standards. 10. Six-foot decorative block walls shall be constructed along the project perimeter. If a double wall condition would result, the developer shall make a good faith effort to work with the adjoining property owners to provide a single wall. Developer shall notify, by mail, all contiguous property owners at least 30 days prior to the removal of any existing walls/fences along the project perimeter. 11. For residential development, return walls and corner side walls shall be decorative masonry. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY SERVICES DEPARTMENT, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S). D. Building and Safety VHFHSZ ResidentialTract Standard Conditions NOTE: The construction of this tract must be in accordance with the approved Fire Protection Plan and/or the California Building; this tract is located in the VHFHSZ. 2 Project No. DRC2013-00201 AND DRC2013-00202 Completion Date General Requirements 1. Submit five complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan and reverse foundation plan (when applicable); C, Floor Plan; d. Roof and Floor Framing Plan and reverse Roof and Floor Framing Plan (when applicable); e. Electrical Plans (2 sets, detached) including the size of main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. 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 Department Project Number (DRC2013-00201 AND DRC2013-00202) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, two sets of 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. 5. Developers wishing to participate in the Community Energy Efficiency Program (CEEP) can contact the Building and Safety Services Department staff for information and submittal requirements. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number (DRC2013-00201 AND DRC2013-00202) 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 Services Department 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 Services Department prior to permit issuance. 3. The Building and Safety Official shall provide street addresses after tract/parcel map recordation and prior to issuance of Building Permits. 4. 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. 3 Project No. DRC2013-00201 AND DRC2013-00202 Completion Date New Structures 1. Provide compliance with the California Residential/Code Building Code (CBC/CRC) for - property line clearances considering use, area, and fire-resistive construction. 2. Construction of the home must be in accordance with the approved Fire protection Plan and/or Chapter 7A of the CBC; this tract is located in the VHFHSZ. 3. Provide compliance with the California Building Code for required occupancy separations. 4. The structures in this tract must be equipped with automatic fire sprinkler in accordance with the approved Fire protection Plan and The California Residential Code. 5. Roofing material shall be installed per the manufacturer's"high wind" instructions. 4