HomeMy WebLinkAbout19-76 - ResolutionRESOLUTION NO. 19-76
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, DENYING MINOR EXCEPTION
DRC2018-00473 -A REQUEST TO CONSTRUCT RETAINING WALLS UP TO
5-FEET AND 2-INCHES HIGH FOR A 4,118 SQUARE FOOT, TWO-STORY
SINGLE-FAMILY RESIDENCE WITH AN ATTACHED 771 SQUARE FOOT
GARAGE ON A 15,430 SQUARE FOOT LOT WITHIN THE LOW (L)
RESIDENTIAL DISTRICT AND WITHIN THE HILLSIDE OVERLAY DISTRICT
AT 8035 CAMINO PREDERA; AND MAKING FINDINGS IN SUPPORT
THEREOF — APN: 0207-631-03.
A. Recitals.
1. Bardos Construction, Inc., filed an application for the approval of Minor Exception
DRC2018-00473, 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 13th day of November 2019, the Planning Commission of the City of Rancho
Cucamonga conduced a noticed public hearing on the application, concluded said hearing on that date
and directed staff to prepare a resolution of denial to formally adopt the action.
3. On the 11th day of December 2019, the Planning Commission of the City of Rancho
Cucamonga adopted this Resolution denying the application and making findings in support of its
decision.
4. 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 all available evidence presented to this Commission during the
above -referenced public hearing on December 11, 2019, including written and oral staff reports,
together with public testimony, this Commission hereby specifically finds as follows:
a. The applicant is requesting to construct a 4,118 square foot two-story, single-family
residence along with an attached 771 square foot, three -car garage on the 15,430 square foot project
site (the "project"); and
b. Pursuantto Municipal Code Section 17.122.020.C.1.g., retaining walls may notexceed
four feet in height within the Hillside Overlay Zone, although within the minimum required street front
setback, individual retaining walls shall not exceed three feet in height.
C. The application is for a Minor Exception (DRC2018-00473) to permit the project's
proposed retaining walls to be over the 4 foot maximum height limit (five feet, two inches proposed).
The project site is within the Hillside Overlay Zone.
PLANNING COMMISSION RESOLUTION NO. 19-76
HDR DRC2018-00473— BARDOS CONSTRUCTION, INC.
DECEMBER 11, 2019
Page 2
d. The Planning Commission makes the following findings in support of its decision to
deny the application:
Building Size/Massing: Tract 10035, which includes the project site, was approved by the
Rancho Cucamonga City Council in March 1985 and comprises a total of 38lots. Twenty-one of
the lots are currently developed with single-family homes. Based on staff's review of available
building permit data, which measures the cumulative building square footage of all
development, including garages, patios, and porches, as well as information provided by the
Property Information Management System hosted by the San Bernardino County Assessor's
Office and square footage data for other projects recently approved within the tract, the average
size for residences in the tract is 3,912 square feet, and the average size of residences along
the south side of Camino Predera is approximately 3,918 square feet. The size of the proposed
project's living and garage area alone is 4,889 square feet. Notably, when including porches
and decks (374 square feet proposed), to be consistent with the methodology used in reviewing
building permit data, the proposed project's size increases to 5,263 square feet.
For the foregoing reasons, the Planning Commission finds that the project's size is substantially
larger than the predominant home size within the neighborhood and is therefore not consistent
with the neighborhood's character. In addition, the Planning Commission finds that the project's
massing could be mitigated by increasing the front setback, thus reducing the overall height of
the structure as seen from Camino Predera and/or by modifying the roof design to reduce the
height of the roof peak.
Building Width/Setbacks: The project proposes to construct the proposed residence at the
minimum side yard setbacks of 5 and 10 feet (Development Code Table 17.36.010-1). Section
17.122.020.D.2.a of the Municipal Code provides that the "design of the structure shall give
consideration to the lot's size and configuration in order to avoid the appearance of overbuilding
or crowding and to minimize the blocking of views." The Planning Commission expressed
concerns that the proposed project as well as the neighboring existing residence, both having
been built to the minimum setbacks, would result in the appearance of overbuilding along the
Camino Predera streetscape therefore establishing an adverse precedent. As a result, the
Planning Commission finds that the project is not consistent with the goals and guidelines of the
City's Hillside Development Ordinance.
General Plan Compatibility: The Planning Commission finds that the project as proposed is also
not compatible with General Plan Policy LU-2.4, which aims to "promote complementary infill
development, rehabilitation, and re -use that contributes positively to the surrounding residential
neighborhood areas." The proposed project does not meet the qualitative intent of General Plan
Policy LU-2.4 which aims to promote development which contributes "positively" to the
surrounding residential neighborhood. This is based on the following factors: (1) as discussed
above, the project is out of character with the size and massing of the existing single-family
homes in the neighborhood; and (2) the project's side yard setbacks contribute to the
appearance of overcrowding and overbuilding on the south side of Camino Predera. In addition,
the Planning Commission recognizes the comments received from neighborhood residents that
the scale of development within the tract and along the south side of Camino Predera is not in
character with the neighborhood's small single-family homes. Such comments were received
from neighborhood residents at the Neighborhood Meeting on June 10, 2019, as well as
comments received at the Design Review Committee meeting on October 22, 2019. The
Planning Commission finds that the increasing growth in average house size, including the
proposed project, correlates to the neighborhood concerns about maintaining the
PLANNING COMMISSION RESOLUTION NO. 19-76
HDR DRC2018-00473— BARDOS CONSTRUCTION, INC.
DECEMBER 11, 2019
Page 3
neighborhood's character and its negative impact on development that contributes positivelyto
the neighborhood.
3. Based upon all available evidence presented to this Commission during the
above -referenced public hearing and upon the specific findings of facts set forth above, this
Commission hereby finds and concludes as follows:
a. The proposed project is not consistent with the General Plan or any applicable specific
plan or Development Agreement. The proposed Minor Exception to permit additional retaining wall
height is not consistent with the General Plan. The General Plan encourages complementary infill
development (General Plan Policy LU-2.4). The related design review (DRC2017-00244) is fora 4,118
square foot single-family residence which is not complementary to the surrounding neighborhood as it
is significantly larger than the average house size within Tract 10035 (based on the existing and
approved residences within the Tract 10035). The proposed building size along with the proposed
building setbacks creates the necessity for retaining walls over the maximum height limit.
b. The proposed development is not compatible with existing and proposed land uses in
the surrounding area. For the reasons stated above, the proposed single-family residence is not
compatible with the existing and proposed land uses in the surrounding area as it is significantly larger
than the other residences in the same tract (Tract 10035) and is proposed to be constructed at the
minimum side yard setbacks, creating the appearance of overbuilding the lot and increasing the
necessity for retaining walls over the maximum height limit.
C. The proposed exception to the specific development standard(s) is not necessary to
allow creative design solutions compatible with the desires of the community and/or to accommodate
unique site conditions. The necessity for retaining walls above the height limit can be mitigated by
reducing the size of the proposed residence and by increasing the side yard setbacks.
d. The granting of the minor exception will constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same district, and will not be
detrimental to public health, safety or welfare, or materially injurious to properties or improvements in
the vicinity. The granting of the minor exception will constitute a grant of special privilege as the
additional retaining wall height is related to a proposed single-family residence which is not
complementary to the surrounding neighborhood as it is significantly larger than the average size
residence within Tract 10035 and is constructed to the minimum setbacks. The City has been
contacted by property owners in the surrounding neighborhood who are opposed to the project based
on the size of the proposed residence, the height of the residence above curb face on Camino Predera
and the width of the project (built at minimum setbacks).
4. The Planning Department Staff has determined that the project is exempt from the
requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines
pursuant to CEQA Guidelines Section 15061(b)(4) as a project that is rejected or disapproved. 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 above, and all of the evidence in the
record, this Commission hereby denies Minor Exception DRC2018-00473 and the project proposed by
the application.
6. The Secretary to this Commission shall certify to the adoption of this Resolution
PLANNING COMMISSION RESOLUTION NO. 19-76
HDR DRC2018-00473— BARDOS CONSTRUCTION, INC.
DECEMBER 11, 2019
Page 4
APPROVED AND ADOPTED'THIS 11TH DAY OF December 2019.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
ATTEST: aA If 1fj � /
Anne McIntosh, AICP, Secretary
I, Anne McIntosh, AICP, 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 December 2019, by the following vote -to -wit:
AYES: COMMISSIONERS: GUGLIELMO, DOPP, OAXACA, WILLIAMS, MORALES
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS: