HomeMy WebLinkAbout15-48 - Resolutions RESOLUTION NO. 15-48
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA,APPROVING MINOR EXCEPTION
DRC2015-00539, A REQUEST TO INCREASE THE MAXIMUM
PERMITTED HEIGHT OF THE PROPERTY LINE WALLS FROM 6 FEET
TO 8 FEET RELATED TO THE CONSTRUCTION OF A SINGLE-FAMILY
RESIDENCE (MINOR DESIGN REVIEW DRC2013-00896) ON A
SUBSTANDARD 25 FOOT WIDE LOT LOCATED ON THE EAST SIDE OF
CENTER AVENUE AND SOUTH OF 24TH STREET IN THE LOW (L)
RESIDENTIAL DEVELOPMENT DISTRICT (2-4 DWELLING UNITS PER
ACRE) AT 8855 CENTER AVENUE; AND MAKING FINDINGS IN
SUPPORT THEREOF —APN: 0209-123-05.
A. Recitals.
1. AC Kaushal filed an application for the approval of Minor Exception DRC2015-00539 as
described in the title of this Resolution. Hereinafter in this Resolution, the subject Minor Exception
request is referred to as "the application."
2. On the 8th day of July 2015,the Planning Commission of the City of Rancho Cucamonga
conducted a 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 on July 8, 2015, including written and oral staff reports, together
with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to a property located on the east side of CenterAvenue and
south of 24th Street in the Low (L) Zoning District; and
b. The project site is approximately 125 feet from east to west and 25 feet from north
to south; and
C. To the north, south, east and west is single-family development within the Low(L)
Zoning District; and
d. The applicant proposes constructing a 1,659 square foot two-story single-family
residence with an attached 506 square foot tandem garage on a 3,358 square foot lot; and
e. The project site is a legal lot that is part of a tract of land that was originally
subdivided on April 15, 1887 and does not conform to either the current minimum lot size, 7,200
PLANNING COMMISSION RESOLUTION NO. 15-48
MINOR EXCEPTION DRC2015-00539 -AC KAUSHAL
July 8, 2015
Page 2
square feet, or the minimum lot width, 65 feet. The lot is 3,358 square feet in size and is 25 feet
wide; and
f. Two Variances and a minor exception are required in order to construct the
proposed single-family residence on the project site; and
g. A Variance is being requested to reduce the required 10 foot side yard setback to 5
feet on both sides of the house. Without a reduction in the 10 foot side yard setback requirement, a
residence on the project site would be limited to being only 10 feet wide; and
h. A Variance is being requested to deviate from the 2 car side-by-side garage paring
requirement in order to construct a tandem garage. The narrowness of the lot precludes
constructing the required side-by-side 2 car garage on the lot. Development Code Section 17.46.030
states that tandem garages may not be counted towards required parking; and
i. A Minor Exception is also being requested to increase the height of the north, south
and east property line walls from 6 feet to 8 feet. The increased wall height is necessary to raise the
eastern portion of the lot in order for the site to drain to the public street and storm drain system; and
j. The project conforms to all other Development Code requirements including the 35-
foot maximum height limit (21 feet proposed), the 37-foot minimum front yard setback (42 feet
proposed),the 20-foot minimum rear yard setback(29 feet proposed)and the 40 percent maximum
lot coverage (39 percent proposed).
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:
a. The Minor Exception is consistent with the General Plan or any applicable specific
plan or Development Agreement. The proposed increase in property line wall height is necessary to
have the subject lot to drain to the public street and is consistent with the residential nature of the
Low (L) Development District in which the site is located. The new combination wall consists of an
up to 4-foot high retaining wall topped by a 6-foot high free standing wall. The additional wall height
will provide a 6-foot high screen wall between the neighboring lots, as measured from the high side
of the wall. The Development Code requires 6-foot high walls between adjacent residential lots for
screening purposes.
b. The proposed development is compatible with existing and proposed land uses in
the surrounding area. The Minor Exception for wall height is related to the construction of a single-
family residence on the project site, which is surrounded by single-family development to the north,
south, east and west.
C. The proposed exception to the specific development standard(s) is necessary to
allow creative design solutions compatible with the desires of the community and/or to
accommodate unique site conditions. The subject legal, nonconforming lot is 40 foot deficient from
complying with the minimum 65-foot lot width requirement in the Low(L) Residential Zoning District.
The increased wall height is necessary to raise the eastern portion of the lot in order for the site to
drain to the public street and storm drain system.
d. The granting of the Minor Exception will not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same district, and will not be
PLANNING COMMISSION RESOLUTION NO. 15-48
MINOR EXCEPTION DRC2015-00539 -AC KAUSHAL
July 8, 2015
Page 3
detrimental to public health, safety or welfare or materially injurious properties or improvements in
the vicinity. It is common practice to grant a Minor Exception for an increase in property line wall
height where there is a physical limitation restricting compliance with that criteria.The natural flow of
storm water runoff on the subject lot is from west to east, away from the public street. In order forthe
lot to drain to the public street and storm drain system, it is necessary to raise the eastern portion of
the lot, which necessitate the construction of an up to 4-foot high retaining wall.
4. Prior to any action being taken on this entitlement, the Planning Department Staff has
determined that the project is categorically exempt from the requirements of the California
Environmental Quality Act(CEQA)and the City's CEQA Guidelines. The project qualifies as a Class
3 exemption under State CEQA Guidelines Section 15303, which covers the construction of one
single-family residence. The project is for the construction of a single-family residence on an
existing lot. Staff concludes that there is no substantial evidence that the project will have a
significant effect on the environment. The Planning Commission has reviewed the Planning
Department's determination of exemption, and based on its own independent judgment, concurs in
the staffs determination of exemption.
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 attached standard conditions incorporated herein by this reference.
Planning Department
1) Approval is for a Minor Exception to increase the property line wall heights
for 6 feet to 8 feet related to the construction of a single-family residence
at 8855 Center Avenue; APN: 0209-123-05.
2) Approval is contingent upon Planning Commission approval of Minor
Design Review DRC2013-00896,Variance DRC2013-00897 and Variance
DRC2015-00537.
3) Approval of this request shall not waive compliance with any sections of
the Development Code, State Fire Marshal's regulations, Uniform Building
Code, or any other City Ordinances.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 8TH DAY OF JULY 2015.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
Ravenel Wimberly, Chairman
ATTEST:
Candyce Uumett, Secretary
PLANNING COMMISSION RESOLUTION NO. 15-48
MINOR EXCEPTION DRC2015-00539 - AC KAUSHAL
July 8, 2015
Page 4
I, Candyce Burnett, 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 8th day of July 2015, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE
Conditions of Approval
't`crlo
u1awGA Community Development Department
Project#: DRC2013-00896 DRC2013-00897, DRC2015-00537, DRC2015-00539
Project Name: Center Street SFR
Location: 8855 CENTER AVE - 020912305-0000
Project Type: Minor Design Review Minor Exception, Variance, Variance
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.-
Planning
ROJECT.Planning Department
Standard Conditions of Approval
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 Resolution of Approval or Approval Letter, Conditions of
Approval, 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 California Department of Fish and Wildlife Notice of
Exemption fee in the amount of $50.00. All checks are to be made payable to the Clerk of the
Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing or
within 5 days of the date of project approval.
4. 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.
5. Access gates to the rear yards shall be constructed from a material more durable than wood gates.
Acceptable materials include, but are not limited to, wrought iron and PVC.
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. Construct block walls between homes (i.e., along interior side and rear property lines), rather than
wood fencing for permanence, durability, and design consistency.
8. The site shall be developed and maintained in accordance with the approved plans which include
Site Plans, architectural elevations, exterior materials and colors, landscaping and grading on file in
the Planning Department.
9. All parkways, open areas, and landscaping shall be permanently maintained by the property owner,
homeowners' association, or other means acceptable to the City. Proof of this landscape
maintenance shall be submitted for Planning Director and Engineering Services Department review
and approved prior to the issuance of Building Permits.
10. For residential development, return walls and corner side walls shall be decorative masonry.
w .QtyofRC.us
Printed,6/15/2015
Project#. DRC2013-00896 DRC2013-00897, DRC2015-00537, DRC2015-00539
Project Name: Center Street SFR
Location: 8855 CENTER AVE -020912305-0000
Project Type: Minor Design Review Minor Exception, Variance, Variance
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
1. Please be advised of the following Engineering Special Condition:
A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting
Districts shall be filed with the City Engineer prior to final map approval or issuance of building
permits whichever occurs first. Formation costs shall be borne by the developer.
2. Please be advised of the following Engineering Special Condition:
Development Impact Fees: (The City's Development Impact Fees have been modified. Value of
cost of the impact fees will be dependent upon issuance of the building permit; prices subject to
change)
Standard Conditions of Approval
3. Permits shall be obtained from Engineering Services Department for work within the right of way:
4. Center Ave improvements to be in accordance with City "Collector" standards as required and
including:
a. Protect or replace existing curb & gutter, sidewalk, and drive approach
b. Protect and replace existing traffic signing and striping as required
c. Provide one (1) 5800 Lumen HPSV equivalent LED street light on the south property line.
5. Excess ROW Vacation shall be made of the following rights-of-way on the perimeter streets.
(Applicable processing fees- street vacation)
10' vacate excess ROW on Center Avenue
Grading Section
Standard Conditions of Approval
1. It shall be the responsibility of the applicant to obtain written permission from the adjacent property
owner(s) to construct wall on property line or provide a detail(s) showing the perimeter wall(s) to be
constructed offset from the property line.
2. A separate Grading and Drainage 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 and Drainage Plan shall be prepared, stamped, and wet
signed by a California licensed Civil Engineer.
3. This application for storm water quality management plan purposes is considered a non-priority
project. Therefore, prior to issuance of any building permit the applicant shall file a Non-Priority
Water Quality Management Plan with the Building and Safety Department. The applicant may
contact Matthew Addington, Associate Engineer, at (909) 477-2710, extension 4202.
4. A soils report shall be prepared by a qualified Engineer licensed by the State of California to perform
such work. Two copies will be provided at grading and drainage plan submittal for review Plans
shall implement design recommendations per said report.
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Pnnted 6/15/2015 Page 2 of 3
Project#: DRC2013-00896 DRC2013-00897, DRC2015-00537, DRC2015-00539
Project Name: Center Street SFR
Location: 8855 CENTER AVE -020912305-0000
Project Type: Minor Design Review Minor Exception, Variance, Variance
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
5. It shall be the responsibility of the applicant to acquire any required off-site drainage easements
prior to the issuance of a grading permit.
6. All slopes shall be a minimum 2-foot offset from the public right of way or adjacent private property.
7. Private sewer, water, and storm drain improvements will be designed per the, latest adopted
California Plumbing Code.
8 The precise grading and drainage plan shall follow the format provided in the City of Rancho
Cucamonga handout"Information for Grading Plans and Permit".
9 Grading of the subject property shall be in accordance with current adopted California Building
Code, City Grading Standards, and accepted grading practices. The Grading and Drainage Plan(s)
shall be in substantial conformance with the approved conceptual Grading and Drainage Plan.
10. The final Grading and Drainage Plan, appropriate certifications and compaction reports shall be
completed, submitted, and approved by the Building and Safety Official prior to the issuance of
building permits
11. Grading Inspections: a) Prior to the start of grading operations the owner and grading contractor
shall request a pre-grading meeting. The meeting shall be attended by the project
owner/representative, the grading contractor and the Building Inspector to discuss about grading
requirements and preventive measures, etc. If a pre-grading meeting is not held within 24 hours
from the start of grading operations, the grading permit may be subject to suspension by the
Building Inspector; b) The grading contractor shall call into the City of Rancho Cucamonga Building
and Safety Department at least 1 working day in advance to request the following grading
inspections prior to continuing grading operations: i) The bottom of the over-excavation, ii)
Completion of Rough Grading, prior to issuance of the building permit; iii) At the completion of
Rough Grading, the grading contractor or owner shall submit to the Permit Technicians (Building
and Safety Front Counter) an original and a copy of the Pad Certifications to be prepared by and
properly wet signed and sealed by the Civil Engineer and Soils Engineer of Record; iv) The rough
grading certificates and the compaction reports will be reviewed by the Associate Engineer or a
designated person and approved prior to the issuance of a building permit.
12. If more than 5,000 square feet of combined asphalt concrete and PCC parking and driveway
surface area are removed and replaced, a Water Quality Management Plan (WQMP) will be
required for this project. Contact the Building and Safety Department for additional
direction/information
13. If a Rough Grading and Drainage Plan/Permit are submitted to the Building and Safety Official for
review, that plan shall be a separate plan/permit from Precise Grading and Drainage Plan/Permit.
14. A drainage study showing a 100-year, AMC 3 design storm event for on-site drainage shall be
prepared and submitted to the Building and Safety Official for review and approval for on-site storm
water drainage prior to issuance of a grading permit. All reports shall be wet signed and sealed by
the Engineer of Record.
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