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HomeMy WebLinkAbout2021-038 - ResolutionRESOLUTION NO. 2021-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING APPEAL DRC2019-00975 AND UPHOLDING THE PLANNING COMMISSION DECISION TO DENY MINOR EXCEPTION DRC2018-00473; 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 conducted 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 11 th 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. On December 19, 2019, Bardos Construction, Inc. ("Appellant"), filed a timely appeal of the Planning Commission's decision denying the application. 5. On the 19th day of March 2020, the City Council of the City of Rancho Cucamonga held a meeting on the subject appeal continued said meeting to March 18, 2020. 6. On the 18th day of March 2020, the City Council of the City of Rancho Cucamonga continued said meeting to August 5, 2020. 7. On the 5th day of August 2020, the City Council of the City of Rancho Cucamonga continued said meeting to a date uncertain. 8. On the 5th day of May 2021, the City Council of the City of Rancho Cucamonga adopted this Resolution upholding the Planning Commission decision denying the application and making findings in support of its decision. 9. 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 City Council of the City of Rancho Cucamonga as follows: 1. This Council 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 Council during the above -referenced public hearing on May 5, 2021, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: Resolution No. 2021-038 — Page 1 of 5 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. Pursuant to Municipal Code Section 17.122.020.C.1.g., retaining walls may not exceed 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. d. The City Council 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 38 lots. Twenty-one of the lots are currently developed with single-family homes. Based on staffs 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 City Council 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 City Council 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. 2. 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, at the November 13th Planning Commission meeting, 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 City Council finds that the project is not consistent with the goals and guidelines of the City's Hillside Development Ordinance. General Plan Compatibility: The City Council 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 Resolution No. 2021-038 — Page 2 of 5 neighborhood areas." The proposed project does not meet the qualitative intent of General Plan Policy LU-2.4 which aims to promote development that 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 City Council 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 City Council finds that the increasing growth in average house size, including the proposed project, correlates to the neighborhood concerns about maintaining the neighborhood's character and its negative impact on development that contributes positively to the neighborhood. 3. Based upon all available evidence presented to this City Council during the above -referenced public hearing and upon the specific findings of facts set forth above, this Council 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 for a 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 project is exempt from the requirements of the California Environmental Quality Act Resolution No. 2021-038 — Page 3 of 5 (CEQA) pursuant to CEQA Guidelines Section 15061(b)(4) as a project that is rejected or disapproved. The City Council has reviewed the Planning Department's determination of exemption, and concurs in the staff's determination of exemption. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby upholds the Planning Commission's denial of Minor Exception DRC2018-00473 and denies Appeal DRC2019-00975, subject to each and every condition set forth in the Standard Conditions, attached hereto and incorporated herein by this reference. 6. The City Clerk shall certify to the adoption of this Resolution. Resolution No. 2021-038 — Page 4 of 5 PASSED, APPROVED, and ADOPTED this 5th day of May 2021. tFneB. Kennedy, Mayor Tern ATTEST: 4 nice C. Reynolds, City derk STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 5th day of May 2021. AYES: Hutchison, Kennedy, Scott, Spagnolo NOES: None ABSENT: Michael ABSTAINED: None Executed this 6th day of May, 2021, at Rancho Cucamonga, California. 4 ice C. Reynolds. City Clcyrk Resolution No. 2021-038 — Page 5 of 5