HomeMy WebLinkAbout99-87 - Resolutions RESOLUTION NO. 99-87
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT
REVIEW NO. 99-35 AND TREE REMOVAL PERMIT 99-19, A REQUEST
TO CONSTRUCT A 7,549 SQUARE FOOT SINGLE FAMILY HOME ON .74
ACRES OF LAND WITHIN THE GATED KING RANCH ESTATES (TRACT
10277), LOCATED AT 5073 EARL COURT IN THE VERY-LOW DISTRICT
(0-2 DWELLING UNITS PER ACRE), AND MAKING FINDINGS IN
SUPPORT THEREOF -APN: 1061-791-09.
A. Recitals.
1. Robert A. Freis has filed an application for the approval of Development Review
No. 99-35, 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 25th day of August 1999, the Planning Commission of the City of Rancho
Cucamonga conducted a meeting on the application and concluded said meeting 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 meeting on August 25, 1999, including written and oral staff reports, this Commission
hereby specifically finds as follows:
a. The application applies to property located at 5073 Earl Court with a street
frontage of 166 feet and lot depth of 213 feet, and is presently improved with a 6-foot block wall
separating the buildable portion of the lot with the natural drainage easement portion; and
b. The properties to the north, south, and east are developed with single family
residences, the property to the west is a vacant lot; and
c. The site contains ten diseased eucalyptus trees which will be removed and
replaced on a one-to-one basis; and
d. The grading concept is consistent with the established Tract 10277. With the
conditions of approval, the project will meet the intent of the Hillside Development Regulations.
3. Based upon the substantial evidence presented to this Commission during the above-
referenced meeting and upon the specific findings of facts set forth in paragraphs 1 and 2 above,
this Commission hereby finds and concludes as follows:
a. That the proposed project is consistent with the objectives of the General Plan;
and
PLANNING COMMISSION RESOLUTION NO. 99-87
DR 99-35 - Robert A. Freis
August 25, 1999
Page 2
b. That the proposed use is in accord with the objectives of the Development Code
and the purposes of the district in which the site is located; and
c. That the proposed use is in compliance with each of the applicable provisions of
the Development Code; and
d. That 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.
4. The City Planner 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,
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.
1) Approval is for the development of a 7,549 square foot single family
home within the gated King Ranch Estates.
2) Tree Removal Permit 99-19 is approved subject to replacement on a
one-for-one basis. Tree size and the species shall be subject to City
Planner review and approval prior to issuance of grading permits.The
trees shall be installed prior to release of occupancy. The permit shall
be valid for a period of 90 days which shall start from the issuance of
building permits.
3) Approval of Tree Removal Permit 99-19 will be null and void if
Development Review 99-35 expires.
4) Provide contour grading with a mix of 2 to1, 3 to 1, 4 to1, and 5 to 1
slopes.
5) Walls, retaining and/or garden types, shall be of decorative material
with a decorative cap.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 25TH DAY OF AUGUST 1999.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
, P
Larry T. Niel, Chairman
PLANNING COMMISSION RESOLUTION NO. 99-87
DR 99-35 - Robert A. Freis
August 25, 1999
Page 3
ATTEST: Sea Coriagis/
:rad Bull retary
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 25th day of August 1999, by the following vote-to-wit:
AYES: COMMISSIONERS: MANNERINO, MCNIEL, STEWART, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MACIAS
' % . COMMUNITY DEVELOPMENT
_5 .. . , DEPARTMENT
STANDARD CONDITIONS
PROJECT#: Development Review 99-35
SUBJECT: Hillside Single Family
APPLICANT: Robert A. Fries
LOCATION: 5073 Earl Court
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.
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 the Development
Code regulations.
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
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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. All building numbers and individual units shall be identified in a clear and concise manner, _/_/_
including proper illumination.
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/or /_/_
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. A detailed landscape and irrigation plan, including slope planting and model home landscaping _/_/_
in the case of residential development, shall be prepared by a licensed landscape architect and
submitted for City Planner review and approval prior to the issuance of building permits or prior
final map approval in the case of a custom lot subdivision.
2. 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.
3. 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.
4. For single family residential development, all slope planting and irrigations shall be continuously _/_/_
maintained in a healthy and thriving condition by the developer until each individual unit is sold
and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be
conducted by the Planning Division to determine that they are in satisfactory condition.
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Project No. DR 99-35
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5. Front yard and corner side yard landscaping and irrigation shall be required per the Development _/_/_
Code. This requirement shall be in addition to the required street trees and slope planting.
6. All walls shall be provided with decorative treatment. If located in public maintenance areas,the _/_/_
design shall be coordinated with the Engineering Division.
F. Other Agencies
1. The applicant shall contact the U.S.Postal Service to determine the appropriate type and location _!_/_
of mail boxes. Multi-family residential developments shall provide a solid overhead structure for
mail boxes with adequate lighting. The final location of the mail boxes and the design of the
overhead structure shall be subject to City Planner review and approval prior to the issuance of
building permits.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
G. General Requirements
1. Submit four 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;
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 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/Engineers stamp and "wet" signature are required prior to plan check submittal.
3. Separate permits are required for fencing and/or walls. / /
4. Contractors must show proof of State and City licenses and Workers' Compensation coverage
to the City prior to permit issuance.
H. 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(i.e., CUP 98-01). The applicant shall comply with the latest
adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National
Electric Code, Title 24 Accessibility requirements, and all other applicable codes, ordinances,
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and regulations in effect at the time of permit application. Please 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 dwelling unit(s) or major addition to _/_/_
existing unit(s),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 Checking 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. For projects using septic tank facilities, written certification of acceptability, including all /_/_
supportive information, shall be obtained from the San Bernardino County Department of
Environmental Health and submitted to the Building Official prior to the issuance of Septic Tank
Permits, 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.
I. New Structures
1. Roofing material shall be installed per the manufacturer's "high wind" instructions. _/_/_
2. Roofing materials shall be Class"A." / /_
J. Grading
1. Grading of the subject property shall be in accordance with the Uniform 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 plans shall be completed and approved prior to issuance of building permits. _/_/_
5. In hillside areas, residential developments shall be graded and constructed consistent with the _/_/_
standards contained in the Hillside Development Regulations Section 17.24.070.
6. 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 FIRE PREVENTION/NEW CONSTRUCTION UNIT,(909)477-2730,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
K. General Fire Protection Conditions
1. Existing fire hydrant locations shall be provided prior to water plan approval. Required hydrants, _/_/_
if any, will be determined by the Fire District. Fire District standards require a 6-inch riser with
a 4-inch and a 2-1/2-inch outlet. Substandard hydrants shall be upgraded to meet this standard.
Contact the Fire Safety Division for specifications on approved brands and model numbers.
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Project No. DR 99-35
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2. 5132.00 Fire District fee(s), and a $1 per"plan page" microfilm fee will be due to the Rancho _/ /_
Cucamonga Fire Protection District prior to Building and Safety permit issuance. "
A Fire District fee in the amount of$132.00 shall be paid at the time of Water Plan submittal.
**Note: Separate plan check fees for fire protection systems(sprinklers, hood systems, alarms,
etc.) and/or any consultant reviews will be assessed upon submittal of plans.
3. Plans shall be submitted and approved prior to construction in accordance with 1994 UBC, UFC, / /_
UPC, UMC, NEC, and RCFD Standards 22 and 15.
APPLICANT SHALL CONTACT THE POLICE DEPARTMENT,(909)477-2800,FOR COMPLIANCE WITH
THE FOLLOWING CONDITIONS:
L. 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. _/ /_
M. 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.
N. Building Numbering
1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime _/_/_
visibility.
•
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