HomeMy WebLinkAbout15-78 - Resolutions RESOLUTION NO. 15-78
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE
DRC2014-00894, A REQUEST TO REDUCE THE REQUIRED REAR YARD
SETBACK FROM 60 FEET TO 30 FEET RELATED TO THE CONSTRUCTION
OF A SINGLE-FAMILY RESIDENCE ON A PROJECT SITE LOCATED IN THE
VERY LOW (VL) ZONING DISTRICT (.1 TO 2 DWELLING UNITS PER ACRE)
AT 9251 IOAMOSA COURT; AND MAKING FINDINGS IN SUPPORT
THEREOF—APN: 1061-611-15.
A. Recitals.
1. Ken Zheng filed an application for the approval of Variance DRC2014-00894, as
described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is
referred to as "the application."
2. On the 9th day of December 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 December 9, 2015, including written and oral staff reports,
together with public testimony, this Commission hereby specifically finds as follows:
a. The site is located within the Very Low (VL) Development District; and
b. To the north and south of the project site are single-family residences within the Very
Low (VL) Residential Zoning District; to the west is vacant land within the Flood Control (FC) Zoning
District, and, to the east is a vacant lot within the Very Low (VL) Zoning District; and
c. The applicant is requesting a Variance in order to construct a 7,302 square foot two-
story single-family residence with an attached 1,055 square foot garage; and
d. The project complies with the development criteria except for the 60-foot rear yard
setback; and
e. The lot is approximately 122 feet deep along the north property line and 118 feet deep
along the east property line, which is significantly below the 200-foot lot depth requirement; and
f. The Variance will reduce the rear yard setback requirement from 60 feet to 30 feet.
PLANNING COMMISSION RESOLUTION NO. 15-78
VARIANCE DRC2014-00894
December 9 2015
Page 2
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. That strict or literal interpretation and enforcement of the specified regulations would
result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the
Development Code. Without the reduction in the required rear yard setback, the applicant would
have to significantly redesign the proposed residence to adhere to the required rear yard setback,
which would place a significant hardship on the applicant.
b. That there are exceptional or extraordinary circumstances or conditions applicable to
the property involved or to the intended use of the property that do not apply generally to other
properties in the same district. The subdivision of which the subject lot is a part included a Variance
reducing the lot depth significantly below the 200-foot lot depth requirement.
C. That strict or literal interpretation and enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by the owners of other properties in the same district.
Without the Variance, the applicant would have to design a house that is much shallower than other
houses in the same development district, thereby diminishing development potential of the subject lot
in relation to nearby lots.
d. That the granting of the Variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same district. It is common
practice to grant reductions in the rear yard setback when the project site is substantially deficient in
meeting the minimum required lot depth. In this case, the existing lot depth is substantially deficient of
the 200-foot lot depth requirement.
e. That the granting of the Variance will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity. The Variance will only
minimally affect the outward appearance and will not intensify the use of the project site.
4. 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 5 exemption under State CEQA Guidelines
Section 15305, which covers minor alterations in land use requirements including building setbacks.
The project is for a reduction in the required rear yard setback due to a lot depth deficiency. Staff
finds 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 determination of
exemption, and based on its own independent judgment, concurs in the staff's 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 Standard Conditions, attached hereto and incorporated herein by this reference.
Planning Department
1) Approval is for the reduction in the rear yard setback requirement from
60 feet to 30 feet in order to construct a single-family residence located at
9251 Ioamosa Court; APN: 1061-611-15.
PLANNING COMMISSION RESOLUTION NO. 15-78
VARIANCE DRC2014-00894
December 9 2015
Page 3
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 9TH DAY OF DECEMBER 2015.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Ravenel Wimberly, Chairman
ATTEST:
Candyce Bu rl ft, 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 9th day of December 2015, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE
Conditions of Approval
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Community Development Department
artment
CjUCAMONIGA
Project#: DRC2014-00893 DRC2014-00894
Project Name: Zheng Residence
Location: 9251 IOAMOSA CT- 106161115-0000
Project Type: Minor Design Review Variance
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Standard Conditions of Approval
1. For single-family residential development, all slope planting and irrigation 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 Department to determine that they are in satisfactory condition.
2. 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 Planning Director review and approval prior to the issuance of Building Permits for the
development or prior final map approval in the case of a custom lot subdivision. For development
occurring in the Very High Fire Hazard Severity Zone, the landscape plans will also be reviewed by
Fire Construction Services.
3. Landscaping and irrigation systems required to be installed within the public right-of-way on the
perimeter of this project area shall be continuously maintained by the developer.
4. 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.
5. 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.
6. 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.
7. Copies of the signed Planning Commission Resolution of Approval , 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.
w .CilyofRC.us
Printed'.11/9/2015
Project#: DRC2014-00893 DRC2014-00894
Project Name: Zheng Residence
Location: 9251 IOAMOSA CT - 106161115-0000
Project Type: Minor Design Review Variance
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Standard Conditions of Approval
8. 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.
9. Access gates to the rear yards shall be constructed of metal and shall include a 90 percent view
obscuring backing.
10. 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.
11. Construct block walls between homes (i.e., along interior side and rear property lines).
12. 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.
13. 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 and the Development
Code regulations.
Engineering Services Department
Please be advised of the following Special Conditions
1. Provide drive approach and street trees per City standards on loamosa Court.
a. Protect or replace curb and gutter, sidewalk and street light, as required.
b. Revise existing City Drawing Number 1692 Sheets 1 and 3 to reflect above improvements, to the
satisfaction of the City Engineer.
2. Prior to any work being performed in the street right-of-way, fees shall be paid and a construction
permit shall be obtained from the City Engineers' office in addition to any other permits required.
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Pnntetl:11/9/2015 Page 2 of 7
Project#: DRC2014-00893 DRC2014-00894
Project Name: Zheng Residence
Location: 9251 IOAMOSA CT- 106161115-0000
Project Type: Minor Design Review Variance
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
3. The following impact fees shall be paid upon issuance of building permit (fees subject to change
annually):
a. Transportation Fee $ 9,002.00
b. General Drainage Fee $ 19,382.00/ per net acre
c. Beautification Fee $ 0.20/SF
d. Park Fees $ 4,396.00
e. Library Impact Fee $ 576.98
f. Animal Center Impact Fee $ 124.29
g. Police Impact Fee $ 172.00
h. Park In-Lieu/Park Impact Fee $4,329.54 (effective May 1, 2015)
i. Park Improvement Impact Fee $ 2,546.53 (effective May 1, 2015)
j. Community and Recreation Center Impact Fee $ 1,737.19 (effective May 1, 2015)
Note: On May 1, 2015, Impact Fees c and d will be eliminated.
4. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and
City Attorney guaranteeing completion of the public improvements, prior to the issuance of a City
building permit.
Standard Conditions of Approval
5. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting
Districts shall be filed with the Engineering Services Department prior to final map approval or
issuance of Building Permits whichever occurs first. Formation costs shall be borne by the
developer.
Building and Safety Services Department
Standard Conditions of Approval
1. 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.
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Page 3 of 7
Project#: DRC2014-00893 DRC2014-00894
Project Name: Zheng Residence
Location: 9251 IOAMOSA CT- 106161115-0000
Project Type: Minor Design Review Variance
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Building and Safety Services Department
Standard Conditions of Approval
2. 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 (i.e., SUBTT, SUBTPM, MDR, CUP, DRC, etc.) clearly
identified on the outside of all plans.
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. The house, garage and any other structures as required must be equipped with automatic fire
sprinklers.
6. Provide compliance with the California Building Code (CBC) for property line clearances considering
use, area, and fire-resistive requirements.
7. Provide compliance with the California Building Code for required occupancy separations.
8. Roofing material shall be installed per the manufacturer's "high wind" instructions.
9. Construction activity shall occur in accordance with the standards as stated in Chapter 17.66.050
D-4 of the Development Code.
10. Prior to the 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. The applicant shall provide a copy of the School Fees receipt to the
Building and Safety Services Department prior to permit issuance.
11. The Building and Safety Official shall provide street addresses after tract/parcel map recordation
and prior to issuance of Building Permits.
12. Plans shall be submitted for plan check and approved prior to construction. All plans shall be
marked with the project file number (i.e., SUBTT, SUBTPM, MDR, CUP, DRC, etc.). 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.
Grading Section
Standard Conditions of Approval
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Page 4 of 7
Project#: DRC2014-00893 DRC2014-00894
Project Name: Zheng Residence
Location: 9251 IOAMOSA CT- 106161115-0000
Project Type: Minor Design Review Variance
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
1. 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.
2. 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.
3. A geologic report shall be prepared by a qualified Engineer or Engineering Geologist and submitted
at the time of application for Grading and Drainage Plan review.
4. 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.
5. 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. Note: this project is proposing approximately 500
cubic yards of combined cut and fill.
6. 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.
7. 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 Oficial 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. The project specific drainage study shall include a hydraulic analysis of the
proposed yard drain(s) for the subject property.
8. 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.
9. All slopes shall be a minimum 2-foot offset from the public right of way or adjacent private property.
10. Private sewer, water, and storm drain improvements will be designed per the, latest adopted
California Plumbing Code.
11. The final grading and drainage plan shall show existing topography a minimum of 100-feet beyond
project boundary. This is required to show how the grading of the subject property may effect the
adjacent property(ies) in relation to drainage issues.
12. The precise grading and drainage plan shall follow the format provided in the City of Rancho
Cucamonga handout"Information for Grading Plans and Permit".
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Project#: DRC2014-00893 DRC2014-00894
Project Name: Zheng Residence
Location: 9251 IOAMOSA CT- 106161115-0000
Project Type: Minor Design Review Variance
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
Grading Section
Standard Conditions of Approval
13. 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.
14. Prior to issuance of a wall permit, on engineered combination garden/retaining walls along the
property boundary the structural calculations for the wall shall assume a level toe/heel at the
adjacent off-site property (i.e. a manufactured slope is not present).
15. Prior to issuance of a wall permit, a copy of the Grading Special Conditions of Approval shall be
included within the engineered wall plans and calculations.
16. Flow lines steeper than 6 percent could be erosive. The applicant shall provide hard lined gutters
and swales where concentrated flows exceed 3fps, and anywhere that flow lines exceed 10 percent
17. Prior to removing fences or walls along common lot lines and prior to constructing walls along
common lot lines the applicant shall provide a letter from the adjacent property owner(s) allowing
work on the adjacent property.
18. In the equestrian trails: — Provide PVC fence, 4" thick DG surface, parallel drainage V ditch, bridge
over V ditch where necessary for access corals, gates to corrals, S< 5% cross fall 2%, S>5% cross
fall 4%. Water bars required at the spacing for the slopes shown respectively: 50' for 4% to 6%, 40'
for 6% to 9%, 30' for 9% to 12%, 20' for 12%+. In the equestrian trails water bars shall also be
placed at the top and bottom where the gradient of the trail changes, i.e. a steep downhill slope
which will cause additional erosion to the trail.
19. A non-priority water quality management plan prepared by Naderi Consulting Engineers for Mr. Ken
Zheng undated has been reviewed and deemed "Preliminary - Acceptable" dated January 27, 2015.
Prior to the issuance of a grading permit the water quality management plan shall be completed,
signed and filed with the City of Rancho Cucamonga Building Official, or his designee. The
conceptual grading and drainage plan shows the proposed impervious area at 9,944 sq. ft. In the
event the permitted precise grading plan reaches or exceeds 10,000 sq. ft. of impervious area as
defined in the current adopted Municipal Separate Storm Sewers Systems (MS4) Permit, a priority
project specific water quality management plan shall be submitted to the Building Official, or his
designee, for review and approval prior to issuance of a grading permit.
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Printed:11/9/2015 Page 6 of 7
Project#: DRC2014-00893 DRC2014-00894
Project Name: Zheng Residence
Location: 9251 IOAMOSA CT- 106161115-0000
Project Type: Minor Design Review Variance
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
20. Prior to issuance of a grading permit, the applicant's engineer of record shall show the location of a
private sewage disposal system in the front yard area to allow for a future connection to a public
sewer system on the precise grading plan submitted for a grading permit.
21. Prior to issuance of a grading permit, the precise grading and drainage plan shall be drawn at a
minimum scale of V=10'. Additional details may be required at larger scales for clarity.
22. Prior to issuance of a grading permit, the title sheet of the precise grading and drainage plan shall
include a detailed analysis of the proposed impervious areas, as required per the current adopted
Municipal Separate Storm Sewers Systems (MS4) Permit.
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