HomeMy WebLinkAbout12-44 - Resolutions RESOLUTION NO. 12-44
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA,APPROVING MINOR EXCEPTION
DRC2012-00802,A REQUEST FOR A 10 PERCENT REDUCTION IN THE
REQUIRED REAR YARD SETBACK FOR THE PROPOSED HOUSES ON
LOTS 1 AND 5 OF A PREVIOUSLY APPROVED SUBDIVISION OF A
PARCEL OF ABOUT 83,000 SQUARE FEET (1.91 ACRE) IN THE LOW
MEDIUM (LM) RESIDENTIAL DISTRICT, ETIWANDA SPECIFIC PLAN,
LOCATED AT THE SOUTH SIDE OF LIMA DRIVE AND THE WEST SIDE
OF EAST AVENUE NEAR THE SOUTHBOUND OFF RAMP OF THE 1-15
FREEWAY; AND MAKING FINDINGS IN SUPPORT THEREOF —
APN: 0227-012-24.
A. Recitals.
1. LVD Rancho Cucamonga, LLC, filed an application for the issuance of Minor Exception
DRC2012-00802, as described in the title of this Resolution. Hereinafter in this Resolution, the
subject Development Review request is referred to as "the application."
2. On the 10th day of October 2012, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing on said 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 meeting on October 10, 2012, including written and oral staff reports, together
with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to a vacant parcel located at the south side of Lima Drive
and the west side of East Avenue near the southbound off ramp of the 1-15 Freeway; and
b. The project site is a vacant parcel with an area of approximately 83,000 square feet
(1.91 acre). The overall dimensions of the site are approximately 645 feet (east to west) by
approximately 124 feet (north to south); and
C. To the north and west of the project site, are single-family residences (Tract
15912), while to the east, across East Avenue, is a condominium complex (Tract 16335). To the
south is a set of vacant properties that are generally bisected diagonally (from northeast to
southwest) by the off ramp of the southbound 1-15 Freeway to Base Line Road; and
d. The zoning of the property and the properties to the north and west is Low Medium
(LM) Residential District. The zoning of the properties to the east is Medium (M)Residential District.
The zoning of the properties to the south is Office Professional (OP) District and is currently owned
PLANNING COMMISSION RESOLUTION NO. 12-44
MINOR EXCEPTION DRC2012-00802 — LVD RANCHO CUCAMONGA, LLC
October 10, 2012
Page 2
by the City. The subject property and all surrounding properties are within the Etiwanda Specific
Plan; and
e. The applicant is requesting a Minor Exception for a 10 percent reduction in the
required rear yard setback for the proposed houses on Lots 1 and 5; and
f. Per Figure 5-2 of the Etiwanda Specific Plan, the minimum rear yard setback is
20 feet in the Low Medium (LM) Residential District, Etiwanda Specific Plan; and
g. The applicant proposes a rear yard setback of 18.83 feet and 18.09 feet for Lots 1
and 5, respectively; and
3. Based upon the substantial evidence presented to this Commission during the
above-referenced meeting 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 proposed development is of sufficient size and is designed so as to provide a
desirable environment within its own boundaries. The Minor Exception applies to Lots 1 and 5.
Both lots exceed the applicable development standards for minimum lot area (7,200 square feet),
minimum lot depth (100 feet), and minimum lot width (60 feet). Furthermore,the lot coverage of the
houses on both lots will not exceed the maximum lot coverage of 40 percent.
b. The proposed development is compatible with the existing and proposed land uses
in the surrounding area. The Minor Exception does not change the residential land use of the
project site nor affect the residential land uses within the surrounding areas.
C. Any exceptions or deviations from the density requirements, or design, standards
result in the creation of project amenities that would not be available through the strict adherence to
the Code provisions. The Minor Exception will not result in a substantially larger house, an increase
in lot coverage, an increase in density, or adjustments to the physical lot area of the subject lots.
d. Granting the Minor Exception will not adversely affect the interests of the public or
the interests of residents and property owners in the vicinity of the premises in question. As the
reduction is in the rear yard setback, the encroachment of the house into the setback will not be
observable from the public view as seen from Lima Drive. Similarly,the encroachment of the house
will not be visible from the public view as seen from Base Line Road, as there will be a noise
attenuating wall along the south perimeter of the project site. The encroachment will only be
marginally apparent from the properties to the east and west.
e. The Minor Exception is consistent with the General Plan and Etiwanda Specific
Plan. The General Plan designation of the project site is Low Medium Residential and the zoning of
the property is Low Medium (LM) Residential District. The Minor Exception does not affect the
General Plan designation, zoning designation, or the residential purpose of the project site.
f. The exception is the minimum required in that it allows the specified improvement
or development to occur, but does not provide additional development rights. The Minor Exception
will allow the applicant to utilize the same house plans that are being constructed in the general
vicinity. The architecture and plotting of the proposed homes are consistent with the standards and
guidelines of the City.
PLANNING COMMISSION RESOLUTION NO. 12-44
MINOR EXCEPTION DRC2012-00802— LVD RANCHO CUCAMONGA, LLC
October 10, 2012
Page 3
4. Pursuant to the California Environmental Quality Act("CEQA")and the City's local CEQA
Guidelines, the City adopted a Negative Declaration in June 2012 in connection with the City's
approval of Tentative Tract Map SUBTT18226. Pursuant to CEQA Guidelines Section 15162, no
subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent
discretionary approvals of the same project. No substantial changes are proposed to the project
that indicate new or more severe impacts on the environment; no substantial changes have
occurred in the circumstances underwhich the projectwas previously reviewed that indicates newor
more severe environmental impacts; no new important information shows the project will have new
or more severe impacts than previously considered; and no additional mitigation measures are now
feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce
impacts. There have been no substantial changes to the project or the circumstances surrounding
the project which would create new or more severe impacts than those evaluated in the previous
Negative Declaration. The previously approved subdivision is for the purpose of residential
development; this project is consistent with that purpose. Staff further finds that the project will not
have one or more significant effects not discussed in the previous Negative Declaration,and will not
have more severe effects than previously analyzed. Additional mitigation measures that are
required are in response to an Acoustical Analysis that was prepared on July 25, 2012, by
Christopher Jean & Associates to determine the specific mitigations that would be necessary to
reduce the noise impacts on the proposed single-family residences to a level of less-than-significant.
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 a 10 percent reduction in the required rear yard setback
for the proposed homes on Lots 1 and 5 that will be constructed within
a previously approved 8-lot subdivision of 1.91 acres in the Low
Medium (LM) Residential District, Etiwanda Specific Plan, located at
the south side of Lima Drive and the west side of East Avenue near the
southbound off ramp of the 1-15 Freeway -APN: 0227-012-24.
2) With the exception of the required rear yard setback, the development
of Lots 1 and 5 shall be in accordance with the standards and
requirements applicable to the Low Medium(LM)Residential District as
described in Figure 5-2 of the Etiwanda Specific Plan. The rear yard
setback for these lots is permitted to be 18 feet (2 feet, or 10 percent,
less than the required rear yard setback of 20 feet).
3) Approval of this request shall not waive compliance with any sections
of the Development Code, Etiwanda Specific Plan, State Fire Marshal's
regulations, Uniform Building Code, or any other City Ordinances.
4) All Conditions of Approval for Tentative Tract Map SUBTT18826 and
Development Review DRC2012-00801 shall apply.
6. The Secretary to this Commission shall certify the adoption of this Resolution.
PLANNING COMMISSION RESOLUTION NO. 12-44
MINOR EXCEPTION DRC2012-00802 — LVD RANCHO CUCAMONGA, LLC
October 10, 2012
Page 4
APPROVED AND ADOPTED THIS 10TH DAY OF OCTOBER 2012.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: 44 awl
Fra es Howdysheil, Chairman
ATTEST: P, 21)"� F�'
Jeffrey A. om, Deputy City Manager/Economic and Community Development
I, Jeffrey A. Bloom, Deputy City Manager/Economic and Community Development 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 10th day of October 2012, by the
following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, OAXACA, WIMBERLY
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: MUNOZ
ABSTAIN: COMMISSIONERS:
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT #: DRC2012-00802
SUBJECT: MINOR EXCEPTION
APPLICANT: LVD RANCHO CUCAMONGA, LLC
SOUTH SIDE OF LIMA DRIVE AND WEST SIDE OF EAST AVENUE NEAR THE
LOCATION: SOUTHBOUND OFF RAMP OF THE 1-15 FREEWAY -APN: 0227-012-24.
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. General Requirements Completion Date
1. 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.
2. Copies of the signed Planning Commission Resolution of Approval No. 1244, Standard
Conditions, 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.
B. Time Limits
1. Minor Exception approval shall expire if building permits are not issued or approved use has not _/_/_
commenced within 5 years from the date of approval. No extensions are allowed.
C. Site Development
1. 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, Development Code
regulations, and the Etiwanda Specific Plan.
2. Prior to any use of the project site or business activity being commenced thereon, all Conditions
of Approval shall be completed to the satisfaction of the Planning Director.
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Project No. DRC2012-00802
Completion Date
3. Occupancy of the facilities shall not commence until such time as all Uniform 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
Department to show compliance. The buildings shall be inspected for compliance prior to
occupancy.
4. Revised site plans and building elevations incorporating all Conditions of Approval shall be
submitted for Planning Director review and approval prior to the issuance of building permits.
5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for
consistency prior to issuance of any permits (such as grading, tree removal, encroachment,
building, etc.)or prior to final map approval in the case of a custom lot subdivision, or approved
use has commenced, whichever comes first.
6. Approval of this request shall not waive compliance with all sections of the Development Code,all
other applicable City Ordinances, and applicable Community or Specific Plans in effect at the
time of building permit issuance.
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