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HomeMy WebLinkAbout15-46 - Resolutions RESOLUTION NO. 15-46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2013-00897, A REQUEST TO REDUCE THE REQUIRED SIDE YARD SETBACK FROM 10 FEET TO 5 FEET RELATED TO THE CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE(MINOR DESIGN REVIEW DRC2013-00896)ON A SUBSTANDARD 25-FOOT WIDE LOT LOCATED ON THE EAST SIDE OF CENTER AVENUE AND SOUTH OF 24TH STREET IN THE LOW (L) RESIDENTIAL DEVELOPMENT DISTRICT(2-4 DWELLING UNITS PER ACRE)AT 8855 CENTER AVENUE;AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0209-123-05. A. Recitals. 1. AC Kaushal filed an application forthe approval of Variance DRC2013-00897 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 8th day of July 2015, 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 8, 2015, 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 east side of Center Avenue and south of 24th Street in the Low (L) Zoning District; and b. The project site is approximately 125 feet from east to west and 25 feet from north to south; 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 1,659 square foot two-story single-family residence with an attached 506 square foot tandem garage on a 3,358 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 April 15, 1887 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 3,358 square feet in size and is 25 feet wide; and PLANNING COMMISSION RESOLUTION NO. 15-46 VARIANCE DRC2014-00897 AC KAUSHAL July 8, 2015 Page 2 f. Two Variances and a minor exception 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 on both sides of the house. Without a reduction in the 10 foot side yard setback requirement, a residence on the project site would be limited to being only 10 feet wide; and h. A Variance is being requested to deviate from the 2-car side-by-side garage paring requirement in order to construct a tandem garage. The narrowness of the lot precludes constructing the required side-by-side2-car garage on the lot. Development Code Section 17.46.030 states that tandem garages may not be counted towards required parking; and i. A Minor Exception is also being requested to increase the height of the north, south and east property line walls from 6 feet to 8 feet. The increased wall height is necessary to raise the eastern portion of the lot in order for the site to drain to the public street and storm drain system; and j. The project conforms to all other Development Code requirements including the 35-foot maximum height limit (21 feet proposed), the 37-foot minimum front yard setback (42 feet proposed),the 20-foot minimum rear yard setback (29 feet proposed) and the 40 percent maximum lot coverage (39 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 difficulty 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 10- 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 April 15, 1887 and is 25 feet wide, which is 40 feet narrower than the minimum lot width requirement in the Low (L) Zoning 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 10- 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 Variances 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 40 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. PLANNING COMMISSION RESOLUTION NO. 15-46 VARIANCE DRC2014-00897 AC KAUSHAL July 8, 2015 Page 3 e. The granting of the Variance will not be detrimental to the public health, safety,orwelfare or materially injurious to properties or improvements in the vicinity. The Variance will not 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, the Planning Department Staff has determined that the project is categorically 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,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 at 8855 Center Avenue; APN: 0209-123-05. 2) Approval is contingent upon Planning Commission approval of Minor Design Review DRC2013-00896, Variance DRC2015-00537 and Minor Exception DRC2015-00539. 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 8TH DAY OF JULY 2015. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA B . Ravenel Wimberly, Chairman ATTEST: Candyce nett, SkIleTary PLANNING COMMISSION RESOLUTION NO. 15-46 VARIANCE DRC2014-00897 AC KAUSHAL July 8, 2015 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 8th day of July 2015, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER. HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE Conditions of Approval ZCommunity HDevelopment Department Project#: DRC2013-00896 DRC2013-00897, DRC2015-00537, DRC2015-00539 Project Name: Center Street SFR Location: 8855 CENTER AVE - 020912305-0000 Project Type: Minor Design Review Minor Exception, Variance, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.- Planning ROJECT:Planning Department Standard Conditions of Approval 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 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. 3. 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. 4. 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. 5. Access gates to the rear yards shall be constructed from a material more durable than wood gates. Acceptable materials include, but are not limited to, wrought iron and PVC. 6. 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. 7. Construct block walls between homes (i.e., along interior side and rear property lines), rather than wood fencing for permanence, durability, and design consistency. 8. The site shall be developed and maintained in accordance with the approved plans which include Site Plans, architectural elevations, exterior materials and colors, landscaping and grading on file in the Planning Department. 9. 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. 10. For residential development, return walls and corner side walls shall be decorative masonry. www CityofRC.us Printed.6/15/2015 Project#: DRC2013-00896 DRC2013-00897, DRC2015-00537, DRC2015-00539 Project Name: Center Street SFR Location: 8855 CENTER AVE -020912305-0000 Project Type: Minor Design Review Minor Exception, Variance, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions 1. Please be advised of the following Engineering Special Condition: A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. 2. Please be advised of the following Engineering Special Condition: Development Impact Fees: (The City's Development Impact Fees have been modified. Value of cost of the impact fees will be dependent upon issuance of the building permit; prices subject to change) Standard Conditions of Approval 3. Permits shall be obtained from Engineering Services Department for work within the right of way: 4. Center Ave improvements to be in accordance with City "Collector" standards as required and including: a. Protect or replace existing curb R gutter, sidewalk, and drive approach b. Protect and replace existing traffic signing and striping as required c. Provide one (1) 5800 Lumen HPSV equivalent LED street light on the south property line. 5. Excess ROW Vacation shall be made of the following rights-of-way on the perimeter streets. (Applicable processing fees-street vacation) 10' vacate excess ROW on Center Avenue Grading Section Standard Conditions of Approval 1. It shall be the responsibility of the applicant to obtain written permission from the adjacent property owner(s) to construct wall on property line or provide a detail(s) showing the perimeter wall(s) to be constructed offset from the property line. 2. 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 3. This application for storm water quality management plan purposes is considered a non-priority project. Therefore, prior to issuance of any building permit the applicant shall file a Non-Priority Water Quality Management Plan with the Building and Safety Department. The applicant may contact Matthew Addington, Associate Engineer, at (909)477-2710, extension 4202. 4. 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 w .CityofRC us Printed 6/15/2015 Page 2 of 3 Project#: DRC2013-00896 DRC2013-00897, DRC2015-00537, DRC2015-00539 Project Name: Center Street SFR Location: 8855 CENTER AVE - 020912305-0000 Project Type: Minor Design Review Minor Exception, Variance, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 5. It shall be the responsibility of the applicant to acquire any required off-site drainage easements prior to the issuance of a grading permit. 6. All slopes shall be a minimum 2-foot offset from the public right of way or adjacent private property. 7. Private sewer, water, and storm drain improvements will be designed per the, latest adopted California Plumbing Code. 8. The precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout"Information for Grading Plans and Permit". 9. Grading of the subject property shall be in accordance with current adopted California Building 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. 10. 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 11. 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. 12. If more than 5,000 square feet of combined asphalt concrete and PCC parking and driveway surface area are removed and replaced, a Water Quality Management Plan (WQMP) will be required for this project. Contact the Building and Safety Department for additional direction/information. 13. If a Rough Grading and Drainage Plan/Permit are submitted to the Building and Safety Official for review, that plan shall be a separate plan/permit from Precise Grading and Drainage Plan/Permit. 14. A drainage study showing a 100-year, AMC 3 design storm event for on-site drainage shall be prepared and submitted to the Building and Safety Official for review and approval for on-site storm water drainage prior to issuance of a grading permit. All reports shall be wet signed and sealed by the Engineer of Record. www CilyofRC us Printed:6/15/2015 Page 3 0(3