HomeMy WebLinkAbout2021-037 - ResolutionRESOLUTION NO.2021-037
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 HILLSIDE
DEVELOPMENT REVIEW DRC2017-00244; AND MAKING FINDINGS IN
SUPPORT THEREOF — APN: 0207-631-03
A. Recitals.
1. Bardos Construction, Inc., filed an application for Hillside Design Review DRC2017-00244,
as described in the title of this Resolution. Hereinafter in this Resolution, the subject Hillside
Development Review 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 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. 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 conducted a noticed
public hearing on the appeal and 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 Co 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,
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this Council 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. The existing Land Use, General Plan and Zoning Designations for the project site and
adjacent properties are as follows:
Land Use General Plan
Site Vacant Land Low Residential
Zoning
Low (L) Residential District*
North
Existing Single -Family Residence
Low Residential
Low (L) Residential District*
South
Pacific Electric Trail
Public
Mixed -Use (MU) District
East
Vacant Land
Low Residential
Low (L) Residential District*
West Existing Single -Family Residence Low Residential Low (L) Residential District*
* Hillside Overlav District
C. While the proposed project generally conforms to the minimum development
requirements of the Hillside Design Standards, the City Council finds that the project is not in character
with the surrounding neighborhood and existing residences along Camino Predera for the following
reasons:
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." At the November 13, 2019,
Planning Commission meeting, the Planning Commission expressed concerns that the
Resolution No. 2021-037 — Page 2 of 5
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.
3. 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
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 by the Planning Commission from
neighborhood residents at the November 19, 2019, Planning Commission meeting 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 of the evidence presented to this 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 inconsistent with the General Plan, specifically General Plan
Policy LU-2.4. The General Plan encourages complementary infill development (General Plan Policy
LU-2.4). The proposed residence is not complementary to the surrounding development as it is
significantly larger than the other residences in Tract 10035. At 4,889 square feet include living and
garage area, it is 977 square feet larger than the average residence in Tract 10035 (3,912 square feet)
and provides side yard setbacks that are not compatible with the Hillside Development Ordinance.
b. The proposed use is not in accord with the objective of the Development Code and
the purposes of the district in which the site is located. The project is not in accord with the objectives
of Section 17.122.020 (Hillside Development) of the Development Code which states that the hillside
design standards and guidelines are intended to facilitate the appropriate development of hillside
areas. The proposed single-family residence is incompatible with the other single-family residences as
it is significantly larger (977 square feet) than the existing and approved residences in Tract 10035 and
is proposed at the minimum side yard setbacks (5 and 10 feet) in conflict Hillside Design Section
17.122.020.D.2.a, which encourages increased setbacks to avoid overbuilding and crowding of
structures. In addition, the project does not conform to the maximum height restriction for retaining
walls in the Hillside Overlay Zone. Pursuant to Municipal Code Section 17.122.020.C.1.g., retaining
walls may not exceed four feet in height, although, within the minimum required street front setback,
individual retaining walls shall not exceed three feet in height. In this case, the project proposes
retaining walls of up to five feet, two inches in height. By separate resolution, the Planning
Commission denied a proposed minor exception to permit the additional retaining wall height above
the height limit permitting by the Development Code. Accordingly, the project does not comply with the
retaining wall height limit in the Development Code.
Resolution No. 2021-037 — Page 3 of 5
C. The proposed use is not in compliance with each of the applicable provisions of the
Development Code. The project is not in accord with the Development Code as the project site is
located within the Hillside Overlay District which was intended to facilitate the appropriate development
of hillside areas. The project proposes to construct a single-family residence at the minimum side yard
setbacks of 5 and 10 feet, in conflict with the intent of Hillside Design Section 17.122.020.D.2.a, which
explicitly encourages increased setbacks to avoid overbuilding and crowding of structures, etc. The
existing residence to the west is also constructed at the minimum side yard setback, increasing the
appearance of overbuilding along the Camino Predera streetscape.
d. The proposed use, together with the conditions applicable thereto, will be detrimental
to the public health, safety, or welfare, or materially injurious to properties or improvements in the
vicinity. The proposed single-family residence 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, creating the appearance of overbuilding.
4. 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 City Council has
reviewed the Planning Department's determination of exemption, and based on its own independent
judgment, 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 Hillside Design Review DRC2017-00244
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. 2021-037 — Page 4 of 5
PASSED, APPROVED, and ADOPTED this 5th day of May 2021.
41ne B. Kenn , Mayo Tern
ATTEST:
Q a e
ff ice C. Reynolds, City C rk
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.
nice C. Reynolds, City CI rk
Resolution No. 2021-037 — Page 5 of 5