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HomeMy WebLinkAbout18-33 - Resolution - Approval of Variance for Reducing a Side Yard Setback, Located in the Low (L) Residential District RESOLUTION NO. 18-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING VARIANCE DRC2017- 00552, A REQUEST TO REDUCE A SIDE YARD SETBACK FOR A PROPOSED 1,740 SQUARE FOOT TWO-STORY SINGLE-FAMILY RESIDENCE WITH A ONE CAR ATTACHED GARAGE AND A ONE CAR DETACHED GARAGE ON A VACANT PARCEL OF 5,072 SQUARE FEET IN THE LOW (L) RESIDENTIAL DISTRICT, ON THE NORTH SIDE OF 25TH STREET APPROXIMATELY 700 FEET EAST OF HERMOSA AVENUE;AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0209-103-33. A. Recitals. 1. Mayela Yibale filed an application for the approval of Variance DRC2017-00552 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 11th day of July 2018,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 11, 2018, 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 north side of 25th Street and approximately 700 feet east of Hermosa Avenue in the Low (L) Residential District; and b. The project site is approximately 150 feet from north to south and 36 feet from east to west; 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 1,740-square foot, two-story single-family residence with an attached 273 square foot garage and a detached 231 square foot garage on a 5,072- 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 July 31, 1989 and does not conform to either the current minimum lot size, 7,200 square feet, or the minimum lot width, 65 feet. The lot is 5,072 square feet in size and is 36 feet wide; and PLANNING COMMISSION RESOLUTION NO. 18-33 VARIANCE DRC2017-00552 MAYELA YIBALE July 11, 2018 Page 2 f. Two Variances 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 8 inches on one side of the house. Without a reduction in the 10-foot side yard setback requirement, a residence on the project site would be limited to a width of approximately 20 feet; and h. A Variance is being requested to deviate from the two-car,side-by-side garage pairing requirement in order to construct a detached and attached garage. The narrowness of the lot precludes constructing the required side-by-side two-car garage on the lot. Development Code Section 17.64.040 states that when garage parking is required, parking spaces shall be designed in a side-by-side configuration; and i. The project conforms to all other Development Code requirements including the 35- foot maximum height limit (27 feet proposed), the 37-foot minimum front yard setback (71 feet proposed),the 20-foot minimum rear yard setback(41 feet proposed) and the 40 percent maximum lot coverage (30 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 strict or literal interpretation and enforcement of the specified regulation would result in a difficult or unnecessary physical hardship inconsistent with the objectives of this Code. Without the reduction in the 10-foot side yard setback requirement, the applicant would be limited to constructing a 20-foot wide house, which is much narrower than other single-family residences in the same zoning district and in the surrounding area. b. 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 zone. The substandard project site is a legal lot of record that was subdivided on July 31, 1989 and is 36 feet wide,which is 29 feet narrower than the minimum lot width requirement in the Low (L) Residential District and is narrower than the lots in the surrounding area. c. The 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 zone.Without a reduction in the 10-foot side yard setback requirement,the applicant would be limited to constructing a 20-foot wide single-family residence,which would be deprive the applicant from constructing a house of similar width and functionality to those in the same zone. d. The granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. It is common practice to grant a Variance for a reduction in a development standard where there is a physical limitation restricting compliance with that criteria. In this case, the width of the project site, which is a legal lot of record, is 29 feet narrower than the minimum low width requirement for single-family lots in the same zoning district. The Variance will permit the applicant to construct a single-family residence that is of similar design to those in the same zoning district and in the surrounding area. e. 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 not PLANNING COMMISSION RESOLUTION NO. 18-33 VARIANCE DRC2017-00552 MAYELA YIBALE July 11, 2018 Page 3 negatively impact the properties in the surrounding area as the reduction in side yard setback will permit the applicant to construct a single-family residence that is of similar design and size to those in the same zoning district and in the surrounding area. The residence on the project site will not adversely impact the value of the surrounding properties as it was designed to blend in with and become an integral part of the neighborhood. 4. Prior to any action being taken on this entitlement, Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act(CEQA). 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 Variance to reduce the required side yard setback from 10 feet to 5 feet in order to construct a single- family residence on a vacant parcel on the north side of 25th Street approximately 700 feet east of Hermosa Avenue; APN: 0209-103-33. 2) Approval is contingent upon Planning Commission approval of Minor Design Review DRC2017-00553 and Variance DRC2017-01020. 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 11TH DAY OF JULY 2018. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Francisco Oaxaca, Cha. man ATTEST: Candyce Burnett, Secretary PLANNING COMMISSION RESOLUTION NO. 18-33 VARIANCE DRC2017-00552 MAYELA YIBALE July 11, 2018 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 11th day of July 2018, by the following vote-to-wit: AYES: COMMISSIONERS: GUGLIELMO, MACIAS, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE Conditions of Approval ,RANCHO ;urcAMON cA CommunityDevelopment Department Project#: DRC2017-00553 DRC2017-01020 Project Name: EDR- New home Location: 10218 25TH ST-020910327-0000 Project Type: Minor Design Review Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 1. 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. 2. 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. 3. 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. 4. 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. 5. For residential development, return walls and corner side walls shall be decorative masonry. 6. 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. 7. 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. 8. 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. 9. 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. www.CityofRC.us Printed.6/26/2018 Project#: DRC2017-00553 DRC2017-01020 Project Name: EDR- New home Location: 10218 25TH ST- 020910327-0000 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 1. Existing utility pole subject to relocation to meet city driveway standards. 2. Prior to any work being performed in public right-of-way, fees shall be paid and an Engineering Construction Permit (separate from the Building Permit) shall be obtained from the Engineering Services Department in addition to any other permits required 3. Development Impact Fees Due Prior to Building Permit Issuance: (Subject to Change / Periodic Increases - Refer to current fee schedule to determine current amounts) Drainage Impact Fee Transportation Impact Fee Library Impact Fee Animal Center Impact Fee Police Impact Fee Park In-Lieu / Park Impact Fee Park Improvement Impact Fee Community & Recreation Center Impact Fee Standard Conditions of Approval 4. Construct the following perimeter street improvements including, but not limited to: Drive Appr. (City Standard 101 Type R-1) The City shall vacant 10 feet of right-of-way along South property line. Construct 12 feet minimum driveway for east adjacent property from drive approach to South property line. Note: a. Use for single family residential properties on local residential streets. b. The minimum width for driveway approach is 12 feet, 16 feet maximum for 1 or 2 car garages and 4 feet for all others. c. The outermost edge of the approach shall be a minimum of 5 feet from the projection of the side property line, 10 feet from a B.C.R. and 20 feet between approaches on the same lot unless otherwise approved by the City Engineer. www.CityofRC.us Printed:6/26/2018 Page 2 of 7 Project#: DRC2017-00553 DRC2017-01020 Project Name: EDR- New home Location: 10218 25TH ST- 020910327-0000 Project Type: Minor Design Review Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 5. Pursuant to Municipal Code Section 16.37.010, no person shall make connections from a source of energy, fuel or power to any building or structure which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except: that in developments containing more than one building, structure or unit, the development may have energy connections made in equal proportion to the percentage of completion of all improvements required by these conditions of development approval, as determined by the City Engineer, provided that reasonable, safe and maintainable access to the property exists. In no case shall more than 95 percent of the buildings, structures or units be connected to energy sources prior to completion and acceptance of all improvements required by these conditions of development approval. 6. The developer shall be responsible for the relocation of existing utilities as necessary. Including existing utility pole. 7. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of Building Permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the Engineering Services Department in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer. Notes: 1) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3-inch pvc with pull rope or as specified. e. Access ramps for the disabled shall be installed on all corners of intersections per latest ADA standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single-family residential lots. h. Street names shall be approved by the Planning Manager prior to submittal for first plan check. www.CityofRC.us Printed:6/26/2018 Page 3 of 7 Project#: DRC2017-00553 DRC2017-01020 Project Name: EDR - New home Location: 10218 25TH ST- 020910327-0000 Project Type: Minor Design Review Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 8. An easement for a joint use driveway shall be provided prior to final map approval or issuance of Building Permits, whichever occurs first, for: Building and Safety Services Department Please be advised of the following Special Conditions 1. When the Entitlement Review is approved submit complete construction drawings including structural calculations, energy calculations and soils report to Building and Safety for plan review in accordance with the current edition of the CA Building and Fire Codes including all local ordinances and standards. The new structures are required to be equipped with automatic fire sprinklers per the CBC and Current RCFPD Ordinance If you have any questions, please contact Moises Eskenazi, Senior Plans Examiner at (909) 774-4209 or at moises.eskenazi@cityofrc.us B&S and Fire Construction Documents (FCS) are also available on-line, follow the path from the home page to city hall/building &safety/forms applications & handouts. All CA Building and Fire codes are posted on the State of California web site at www.bsc.ca.gov Grading Section Standard Conditions of Approval www.CityofRC.us Printed:6/26/2018 Page 4 of 7 Project#: DRC2017-00553 DRC2017-01020 Project Name: EDR - New home Location: 10218 25TH ST-020910327-0000 Project Type: Minor Design Review Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 1. This application for storm water quality management plan purposes may be considered a non-priority project. Therefore, prior to issuance of any building permit or Engineering Services Department issued right of way permit the land owner with the applicant shall file a Non-Priority Water Quality Management Plan (WQMP) with the Building and Safety Department. The applicant may contact Matthew Addington, Associate Engineer, at(909)477-2710, extension 4202. This project is required to prepare a non-priority WQMP project as the following requirement has been met: i) For areas less than 2,000 square feet of impervious area, the development will be considered a non-priority project and a WQMP document is not required, unless the project is for the outdoor storage of hazardous materials or other materials which may require a pre-treatment of the storm water runoff which will require that a non-priority WQMP document is prepared, including but not limited to, vehicle fueling operations; ii) For significant re-development projects proposing impervious areas of 2,000 square feet to 4,999 square feet and new development projects proposing impervious areas of 2,000 square feet to 9,999 square feet the following criteria will require a non-priority WQMP document to be prepared: a. For all new and significant redevelopment projects; b. If the project is part of a common area of development, a non-priority WQMP document shall be prepared; c. If the proposed development is a commercial project the City will determine if activities may impact the water quality, and if impacts are determined to affect the water quality a non-priority WQMP document will be prepared; d. All industrial projects will require a non-priority WQMP document to be prepared. 2. Prior to the start of landscaping operations, the landscape architect and the landscape contractor shall provide a sample of the weed fabric barrier to the Project Planner, City of Rancho Cucamonga Planning Department. The weed barrier shall be permeable. 3. RESIDENTIAL MANDATORY MEASURES — CALIFORNIA GREEN BUILDING STANDARDS CODE — Prior to the issuance of any building permit the applicant shall comply with Section 4.106.2 (Storm water drainage and retention during construction) of the current adopted California Green Building Standards Code: Projects which disturb less than one (1) acre of soil and are not part of a larger common plan of development which in total disturbs one acre or more, shall manage storm water drainage during construction. In order to manage storm water drainage during construction, one or more of the following measures shall be implemented to prevent flooding of adjacent property, prevent erosion and retain soil runoff on the site. 1. Retention basins of sufficient size shall be utilized to retain storm water on the site. 2. Where storm water is conveyed to a public drainage system, collection point, gutter or similar disposal method, water shall be filtered by use of a barrier system, wattle or other method approved by the enforcing agency (City of Rancho Cucamonga). 3. Compliance with a lawfully enacted storm water management ordinance. www.CityofRC.us Printed:6/26/2018 Page 5 of 7 Project#: DRC2017-00553 DRC2017-01020 Project Name: EDR- New home Location: 10218 25TH ST- 020910327-0000 Project Type: Minor Design Review Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 4. RESIDENTIAL MANDATORY MEASURES — CALIFORNIA GREEN BUILDING STANDARDS CODE — Prior to the issuance of any building permit the applicant shall comply with Section 4.106.3 (Grading and Paving) of the current adopted California Green Building Standards Code: Construction plans shall indicate how the site grading or drainage system will manage all surface water flows to keep water from entering building. Examples of methods to manage surface water include, but are not limited to, the following: 1. Swales. 2. Water collection and disposal systems. 3. French drains. 4. Water retention gardens. 5. Other water measures which keep surface water away from buildings and aid in groundwater recharge. Exception: Additions and alterations not altering the drainage path. 5. Prior to issuance of a grading permit the precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout "Information for Grading Plans and Permit". 6. Grading of the subject property shall be in accordance with current adopted California Building Code and/or the California Residential 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. 7. 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. 8. 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. 9. A separate Grading and Drainage Plan check submittal is required. The Grading and Drainage Plan shall be prepared, stamped, and wet signed by a California licensed Civil Engineer prior to the issuance of a grading or building permit. 10. Prior to the issuance of a grading permit the applicant shall obtain written permission from the adjacent property owner(s) to construct wall(s) on property line(s) or provide a detail(s) showing the perimeter wall(s) to be constructed offset from the property line. 11. Prior to issuance of a grading permit the grading plan shall show that all manufactured slopes shall be a minimum 2-foot offset from the public right of way, permitted line, or the adjacent private property. All slope offsets shall meet the requirements of the current adopted California Building Code. www.CityofRC.us Printed:6/26/2018 Page 6 of 7 Project#: DRC2017-00553 DRC2017-01020 Project Name: EDR- New home Location: 10218 25TH ST-020910327-0000 Project Type: Minor Design Review Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 12. 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. 13. Prior to issuance of a grading or building permit, the permitted grading plan (or architectural site plan) set shall show in each of the typical sections and the plan view show how the separations between the building exterior and exterior ground surface meet the requirements of Sections CBC1804.3/CRC R401.3, CBC2304.11.2.2/CRC R317.1(2) and CBC2512.1.2/CRC R703.6.2.1 of the current adopted California Building Code/Residential Code. 14. Prior to issuance of a grading permit, the applicant shall obtain a signed and notarized letter from the adjacent property owner(s) for ALL work proposed on the adjacent property. The letter shall be scanned and pasted onto the permitted grading plan set. The letter shall show on either the title sheet or a detail sheet of the grading and drainage plan set. 15. Private sewer, water, and storm drain improvements will be designed per the latest adopted California Plumbing Code. Private storm drain improvements shall be shown on the grading and drainage plan. 16. The permitted grading plan shall be in substantial compliance with the conceptual grading and drainage plan. 17. A separate Grading and Drainage Plan check submittal is required for all new construction projects The Grading and Drainage Plan shall be prepared, stamped, and wet signed by a California licensed Civil Engineer prior to the issuance of a grading or building permit. www.CityofRC.us Printed:6/26/2018 Page 7 of 7