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HomeMy WebLinkAbout19-14 - ResolutionRESOLUTION NO.19-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2018-00970, A REQUEST TO CONSTRUCT A 10 FOOT TALL DECORATIVE MASONRY PERIMETER WALL, EXCEEDING THE MAXIMUM PERMITTED RESIDENTIAL WALL HEIGHT OF 6 FEET, ALONG THE SOUTH AND WEST PROPERTY LINES OF A RESIDENTIAL LOT LOCATED IN THE LOW (L) RESIDENTIAL DISTRICT OF THE ETIWANDA NORTH SPECIFIC PLAN, WITHIN THE EQUESTRIAN OVERLAY DISTRICT, LOCATED SOUTH OF QUARRY COURT AND NORTH OF THE 210 FREEWAY; APN: 0225-161-80. A. Recitals. 1. The applicant, WLC Architects, filed an application for Variance DRC2018-00970, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance is referred to as "the application." 2. On February 27, 2019, 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 the Planning Commission during the above -referenced public hearing on February 27, 2019, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located within the City; and b. The application applies to approximately 1.5-acre triangular piece of land within the Low (L) Residential District, located south of Quarry Court and north of the Foothill Freeway (SR- 210); and C. The property to the north contains single-family residences within the Low (L) Residential District. The property to the west is also in the Low (L) Residential District, but is vacant. The subject property's south and east property line are adjacent to Caltrans' right-of-way adjacent to the Foothill Freeway (SR-210); and d. The proposed project consists of the construction of a 3,366 square -foot single-family residence and onsite hardscape and landscape improvements. The project site includes uncovered, surface parking lot intended as parking for visitors to the residence; and PLANNING COMMISSION RESOLUTION NO.19-14 VARIANCE DRC2018-00970 — WLC ARCHITECTS February 27, 2019 Page 2 e. The intended use of the residence is for a single-family home; and f. The project complies with all pertinent development standards related to building height, site coverage, and front/rear setbacks; and g. The project complies with the landscaping requirements as prescribed in the Development Code; and h. The proposed Variance is to permit a 10 foot tall, decorative masonry, perimeter wall along the south and west property lines. The Variance allows for the wall to exceed the 6 foot maximum wall height permitted in residential district per Development Code Section 17.48.050- 1; and i. The wall will extend 96'-8" along the west property line and 344' along the south property line; and j. Due to the location of the project site relative to the Foothill Freeway (SR-210), the project site is exposed to noise levels that will exceed the 65 dBA CNEL (community noise equivalent level) limit allowed on residential lots as described in the Section 17.66.050-1 of the Development Code. A Noise Technical Report (PlaceWorks, January 2019) prepared for the project concluded that the project can comply with the City's noise standards of 65 dBA CNEL with the construction of a 10-foot tall block wall along the west and south property line (Exhibit "H"). The Variance allows for the construction of a 10-foot tall block wall along the west and south property line to allow for the lot to comply with the City's noise standards. 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. Strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Code. The proposed walls are for noise attenuation purposes to reduce the lot's exterior noise levels. The height of the walls is necessary to mitigate the noise impacts to a level that is less than 65 dBA CNEL (community noise equivalent level) as specified in the Development Code. If the walls were limited to 6 feet as specified in the Code, or if the walls were absent altogether, the exterior noise levels would not comply with the Code, nor be consistent with Public Health and Safety policies relating to noise (Goal PS-13 of the General Plan). There is no practical alternative to walls that will achieve the desired noise attenuation. 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 project site is located approximately 160 feet north of the Foothill Freeway (SR-210). As a result, it is exposed to noise generated by traffic that is generally not present near other residential properties in the City which are screened by existing development and/or are sufficiently distant from these noise sources that noise levels are negligible and/or comply with the Development Code. C. 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. The PLANNING COMMISSION RESOLUTION NO.19-14 VARIANCE DRC2018-00970 — WLC ARCHITECTS February 27, 2019 Page 3 purpose of the walls is to attenuate traffic noise. The exterior noise levels generated by traffic exceed the maximum limits established by the Development Code and would negatively affect a future homeowner's ability to enjoy and use outdoor areas of his property in the absence of these walls. Furthermore, the effectiveness of noise attenuating materials used in the construction of the homes is augmented by the presence of the noise attenuating perimeter wall. The absence of the wall would reduce the effectiveness of noise mitigation measures and expose the occupants of the homes to elevated interior noise. 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. Throughout the City, the Foothill Freeway (SR-210) corridor is adjacent to numerous residential properties. Traffic noise impacts along the corridor must be mitigated to levels as described in the Development Code and consistent with the General Plan. The freeway corridor abuts various residential zoning districts including the Low (L) Residential Districts. Walls of this height, or similar, are common along the freeway corridor for noise attenuation purposes where residential properties are adjacent to the freeway. 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 height of the wall as seen from the Foothill Freeway (SR-210) will be similar to the height of other noise attenuation walls along the freeway corridor within the City. The wall along south property line will be constructed per the standards established by Caltrans, consistent with other noise attenuation walls in proximity and will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 4. The project is 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 — New Construction or Conversion of Small Structures. Section 15303 allows for the construction of a single-family residence in a residential zone. The proposed project is a single-family residence on a single lot within the Low (L) Residential District. However, due to the location of the project site relative to the Foothill Freeway (SR-210), the project site is exposed to noise levels that will exceed the 65 dBA CNEL (community noise equivalent level) limit allowed on residential lots as described in the Section 17.66.050-1 of the Development Code. The project site is approximately 160 feet from the Foothill Freeway (SR- 210). A Noise Technical Report (PlaceWorks, January 2019) prepared for the project concluded that the project can comply with the City's noise standards of 65 dBA CNEL with the construction of a 10-foot tall block wall along the west and south property line (Exhibit "H"). The Variance (DRC2018-00970) allows for the construction of a 10-foot tall block wall along the west and south property line to allow for the lot to comply with the City's noise standards. The wall on the south side of the property extends roughly half the length of the south property line. The remaining portions of the lot, the area encompassing the east side of the lot (extending to the tip of the triangle), is unscreened from the noise from the freeway. This area of the property will consist primarily of landscape areas and no structures are proposed within it. Per Chapter 8, PS-37 - the Public Health and Safety, of the General Plan, neighborhoods should have ambient noise conditions that allows for residents to conduct day-to-day activities without interference from noise. Given the overall size of the lot, a minimum distance of 155 feet between the proposed house and the unscreened area, and the relatively narrow width of the property at the unscreened PLANNING COMMISSION RESOLUTION NO.19-14 VARIANCE DRC2018-00970 — WLC ARCHITECTS February 27, 2019 Page 4 area compared to the remainder of the property, it is unlikely that the residents would be regularly present in this area (i.e. it would be generally unused). Therefore, Staff concluded that this area would not be required to comply with the noise standards for residential areas and is excluded from the requirement of a noise attenuating wall to meet the 65 dBA CNEL noise requirement. The Noise Report concluded that the wall, as designed, allows for the lot to comply with the City's noise requirement. Therefore, Staff finds that there is no substantial evidence that the project will have a significant effect on the environment. 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 in the Conditions of Approval, attached hereto and incorporated herein by this reference. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27th DAY OF FEBRUARY 2019 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Ton Guglielmo, hairman ATTEST: CL"(- Candyce BQnett, 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 27th day of February 2019, by the following vote -to -wit: AYES: COMMISSIONERS: DOPP, GUGLIELMO, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Conditions of Approval Cj ANCHo DcAmoNGA Community Development Department Project #: DRC2018-00299 DRC2018-00970 Project Name: EDR -Wounded Warrior Single Family Home (3,366) Sq. Feet) Location: - 022516180-0000 Project Type: Minor Design Review Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. - Planning Department Please be advised of the following Special Conditions 1. Prior to the issuance of occupancy permits for the primary residence, the noise walls along the west and south property lines shall be constructed. The barrier shall be continuous from grade to top, with no cracks or gaps, measure 10 feet in height from adjacent finished grade, and have a minimum surface density of four pounds per square foot. 2. Double -ply tempered glass shall be installed at the primary residence, which will provide a Sound Transmission Class (STC) of approximately 35. Standard Conditions of Approval 3. For all residential development, provide conduit from each unit/lot and a pull box to connect to the street. Provide interior structured wiring for each house/building with minimum Category 5 copper wire, Radio Grade 6 coaxial cable, and a central distribution panel, prior to release of occupancy (fiber -to -the building, FTTB). Plans shall be submitted for Planning Director and Building Official review and approval prior to issuance of Building Permits. 4. 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. 5. Copies of the signed Planning Commission Resolution of Approval and Conditions of Approval 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. 6. 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. 7. 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. 8. 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. www.CityofRC.us Printed: 2/27/2019 Project #: DRC2018-00299 DRC2018-00970 Project Name: Location: Project Type: EDR - Wounded Warrior Single Family Home (3,366) Sq. Feet) - 022516180-0000 Minor Design Review Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 9. Maintain a 24-foot by 24-foot, or 12-foot by 48-foot, corral area in the rear yard for future home owners. The corral area must remain free of improvements and remain unencumbered by any future easements or constraints that may be placed on the site. 10. 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, the Development Code regulations and the Etiwanda Specific Plan. 11.Occupancy of the facilities shall not commence until such time as all California Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Services Department to show compliance. The buildings shall be inspected for compliance and final acceptance granted prior to occupancy. Engineering Services Department Please be advised of the following Special Conditions 1. Development impact fees per the engineering fee schedule are require to be paid prior to issuance of a building permit. Note that fees are subject to change annually. Standard Conditions of Approval 2. A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of Building Permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. 3. Public storm drain easements shall be graded to convey overflows in the event of a blockage in a sump catch basin on the public street, and provisions made to pass through walls. 4. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 5. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from the outer edge of a mature tree trunk. www.CityofRC.us Printed: 2/21/2019 Page 2 of 6 Project #: DRC2018-00299 DRC2018-00970 Project Name: EDR - Wounded Warrior Single Family Home (3,366) Sq. Feet) Location: - 022516180-0000 Project Type: Minor Design Review Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Enaineerina Services Department Standard Conditions of Approval 6. ** CD Information Required Prior to Sign -Off for Building Permit Prior to the issuance of building permits, if valuation is greater or equal to $100,000, a Diversion Deposit and a related administrative fee shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 65% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Applicant must identify if they are self -hauling or utilizing Burrtec prior to issuance of a building permit. Proof of diversion must be submitted to the Environmental Engineering Division within 60 days following the completion of the construction and / or demolition project. Contact Susan Shaker, Environmental Engineering, at (909) 774-4062 for more information. Instructions and forms are available at the City's website, www.cityofrc.us, under City Hall / Engineering / Environmental Programs / Construction & Demolition Diversion Program. 7. 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. 8. The developer shall be responsible for the relocation of existing utilities as necessary. 9. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 10. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga Valley Water District (CVWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 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 Building and Safety for plan review in accordance with the current edition of the CA Residential Building Codes including all local ordinances and standards. The new structures are required to be equipped with automatic fire sprinklers per the CRC. This project is located in the high fire area designated VHFHSZ and must comply with chapter 337 of the CRC all structures must be constructed with ignition resistant or noncombustible materials. Vegetation must be design and installed in accordance to the guidelines from the RCFPD for sites located in the VHFHSZ fire area. Refer to the Rancho Cucamonga Fire District's Prohibited Plants List when choosing the vegetation. www.CryofRC.us Printed: 2/21/2018 Page 3 of 6 Project #: DRC2018-00299 DRC2018-00970 Project Name: EDR - Wounded Warrior Single Family Home (3,366) Sq. Feet) Location: - 022516180-0000 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 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. 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. 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. 4. 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 prior to the issuance of a grading or building permit. 5. If a Rough Grading and Drainage Plan/Permit are submitted to the Building and Safety Official for review, the rough grading plan shall be a separate plan submittal and permit from Precise Grading and Drainage Plan/Permit, 6. The Grading and Drainage Plan shall implement City Standards for on -site construction where possible, and shall provide details for all work not covered by City Standard Drawings. 7. 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. 8. 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. www.CityofRC.us Pooled: 2/21/2018 Page 4 of 6 Project #: DRC2018-00299 DRC2018-00970 Project Name: EDR - Wounded Warrior Single Family Home (3,366) Sq. Feet) Location: - 022516180-0000 Project Type: Minor Design Review Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Grading Section Standard Conditions of Approval 9. 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. 10. Prior to issuance of a grading permit, the applicant shall obtain a signed and notarized letter from the adjacent property owner to the west (SCE) 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. 11. Prior to approval of the project -specific storm water quality management plan, the applicant shall submit to the City Engineer, or his designee, a precise grading plan showing the location and elevations of existing topographical features, and showing the location and proposed elevations of proposed structures and drainage of the site. 12. 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. This property shall be connected to the adjacent sewer system, and a septic system shall be prohibited. 13. Prior to the issuance of the Certificate of Occupancy or final sign off by the Building Inspector the engineer of record shall certify the functionality of the storm water quality management plan (WQMP) storm water treatment devices and best management practices (BMP). 14. Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of the project Conditions of Approval. 15. The land owner shall provide an inspection report on a biennial basis for the structural storm water treatment devices, commonly referred to as BMPs, to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 16. The land/property owner shall follow the inspection and maintenance requirements of the approved project specific Water Quality Management Plan and shall provide a copy of the inspection reports on a biennial basis to the City of Rancho Cucamonga Environmental Program Manager. 17. A final project -specific Storm Water Quality Management Plan (WQMP) shall be approved by the City Engineer, or his designee, and the City of Rancho Cucamonga's "Memorandum of Storm Water Quality Management Plan" shall be recorded prior to the issuance of a grading permit or any building permit. ww .CityofRC.us Printed: 2/21/2019 Page 5 of 6 Project #: DRC2018-00299 DRC2018-00970 Project Name: EDR - Wounded Warrior Single Family Home (3,366) Sq. Feet) Location: - 022516180-0000 Project Type: Minor Design Review Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 18. Prior to issuance of a grading permit the Final Project -Specific Water Quality Management Plan shall include a completed copy of "Worksheet H: Factor of Safety and Design Infiltration Worksheet" located in Appendix D "Section VII — Infiltration Rate Evaluation Protocol and Factor of Safety Recommendations, of the San Bernardino County Technical Guidance Document for Water Quality Management Plans. The infiltration study shall include the Soil Engineer's recommendations for Appendix D, Table VII.3: Suitability Assessment Related Considerations for Infiltration Facility Safety Factors". 19. The subject project, shall accept all existing off -site storm water drainage flows and safely convey those flows through or around the project site. If existing off -site storm water drainage flows mix with any on -site storm water drainage flows, then the off -site storm water drainage flows shall be treated with the on -site storm water drainage flows for storm water quality purposes, prior to discharging the storm water drainage flows from the project site. 20. As structural storm water treatment devices (commonly referred to as BMP's) are proposed in the rear yards of the residential lots, the developer/applicant is conditioned to provide access easement(s) in favor of the City of Rancho Cucamonga to allow City staff access for inspections of the structural storm water treatment devices. Said easements may be shown on the Final Map, the Parcel Map or by a separate easement document. As an alternative, the CC&R's may be written to require the Homeowner's Association to inspect and maintain the BMP's on an annual basis and provide a BMP inspection and maintenance report to the City of Rancho Cucamonga Environmental Programs Manager annually. 21. Prior to the issuance of a certificate of occupancy by the City Engineer, or his designee, the civil engineer of record shall file a Water Quality Management Plan (WQMP) Post Construction Storm Water Treatment Devices As -Built Certificate with the Environmental Programs Coordinator, City of Rancho Cucamonga Engineering Services Department. 22. Prior to issuance of a grading permit the applicant shall demonstrate that the storm water run-off will not adversely affect the downstream properties and that the water may legally discharge to the downstream properties. The engineer of record shall show on the final permitted grading and drainage plan one (1) or more of the following items are met: a) There is sufficient downstream capacity to accept the proposed storm water flows and that the downstream property owner have provided permission to accept the upstream storm water flows; b) a legal document/entity exists allowing developed storm water flows to be discharged to the property lower in elevation; c) a storm drain system to safely convey the storm water flows to a public storm drain system without causing flooding to adjacent property(ies). Printed: 2/212019 Ww .CityofRC.u6 Page 6 of 6