2018-49 RESOLUTION NO.2018-49
A RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL
REVIEW BOARD OF THE CITY OF GRAND TERRACE, CALIFORNIA ADOPTING
AN ENVIRONMENTAL EXEMPTION PURSUANT OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA), GRANTING MINOR DEVIATION 18-04
AND APPROVING ADMINISTRATIVE CONDITIONAL USE PERMIT 18-07,
ALLOWING THE CONSTRUCTION OF AN 864_SQUARE FOOT GUEST HOUSE AND
A 408 SQUARE FOOT WORKSHOP ON A SINGLE FAMILY RESIDENTIAL LOT
LOCATED AT 12600 MOUNT VERNON AVENUE (APN 1167-361-29)
WHEREAS,Mr. Rudy Lozano representing Ignacio and Isabel Aguilar submitted Minor
Deviation 18-04, Administrative Conditional Use Permit 18-07, and Environmental 18-09;
requesting approval to construct an 864 square foot guest house and a 408 square foot workshop.
The site is zoned R1-7.2, Low Density Single Family and has a General Plan land use
designation of Low Density Residential;
WHEREAS,the Project Site is proposed on a lot measuring 0.28-acres.
WHEREAS, the Project is categorically exempt from the California Environmental
Quality Act (CEQA) Guidelines, pursuant to Section 15303, which exempts new construction of
accessory (appurtenant) structures including garages, carports, patios, swimming pools and
fences.
WHEREAS, on December 6, 2018, the Planning Commission conducted a Planning
Commission meeting on the Project at the Grand Terrace City Council Chambers located at
22795 Barton Road, Grand Terrace, California, 92313 and concluded said date; and
WHEREAS,all legal prerequisites to the adoption of this Resolution have occurred.
NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Grand Terrace:
1. The Planning Commission hereby finds that the Project is categorically exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to Section
15303. The Notice of Exemption prepared in connection with the Project has been
reviewed and considered and reflects the independent judgment of the Planning
Commission and is hereby adopted.
2. The Planning Commission finds as follows with respect to Minor Deviation 18-04:
a. A special circumstance regarding the size, shape, topography, location or
surroundings of the subject property exist. The site is constrained by existing
development. The existing structures on the property limit the placement of the
guest house/workshop on the north portion of the site. The four-foot setback
1211
RESOLUTION@ 018-49 1 DECEMBER 6, 2Q18
by or under the direction of a
licensed land surveyor or a registered civil engineer authorized to practice land surveying
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RESOLUTION 2019-50 1 PAGE OF 13 JANUARY 17, 2019
9
proval shall expire twelve' (12) months from the date of
adoption of this resolution unless building permits have been issued and a
substantial investment in reliance of those permits has occurred; all conditions of
approval have been met; or a time extension has been granted by the City, in
RESOLUTION 2019-50 1 PAGE OF 5 JANUARY 17, 2019
1 PAGE OF 4 JANUARY 17, 2019
as included design elements supported by the Barton Road Specific
Plan for commercial buildings, such as wall and height articulation, and brick and
stucco accents. The project will include a scheme of brown earthy/neutral colors,.
RESOLUTION 2017-35 1 PAGE OF 3 OCTOBER 19, 2017
Plan
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RESOLUTION 2017-38 1 PAGE OF 4 NOVEMBER 16, 2017
reduction allows functionality of the proposed structure and main house by
allowing for greater separation.
b. Because of the special circumstance, the strict application of the zoning ordinance
deprives the subject property of privileges enjoyed by other property in the
vicinity and under identical zoning classification. Strict application of the setback
would reduce the separation between the existing house and guest house limiting
privacy between the two uses.
c. The granting of the Minor Deviation will not constitute the grant of special
privileges inconsistent with the limitations upon other properties in the vicinity
and district in which the property is situated. The deviation is in compliance with
the zoning district; therefore, the granting of the minor deviation will not
constitute a special privilege.
d. The granting of the Minor Deviation will not authorize a use or activity which is
not otherwise expressly authorized by the district governing the parcel of property
because accessory guest houses and workshops are permissible in the zone
district.
e. The granting of the Minor Deviation will not result in a situation inconsistent with
the latest adopted of General Plan. The requested Minor Deviation will be
consistent with the residential zoning designation and the General Plan.
f. Conditions necessary to secure the above findings are made a part of the approval
of the Minor Deviation.
3. The Planning Commission finds as follows with respect to Administrative Conditional
Use Permit 18-07:
a. The proposed use will not be detrimental to the health, safety, morals, comfort or
general welfare of the persons residing or working within the neighborhood of the
proposed amendment or within the city and will not be injurious to property or
improvements in the neighborhood or within the city. The Project to construct a
guest house and workshop with a 16-foot rear setback will not be detrimental to
the neighborhood. It will not be injurious to the adjacent property to the north
because the unbuildable 60-foot wide Edison easement cannot be encroached
upon and creates event greater separation. The proposed guest house and
workshop meet applicable lot coverage and height requirements.
b. The proposed use will be consistent with the City's General Plan. The proposed
Project to add a guest house and workshop are permitted land uses within the RI-
7.2 single-family residential zoning in the Grand Terrace Municipal Code and
consistent with the Low-Density Residential Designation on the General Plan.
c. The proposed use meets the criteria for an administrative conditional use as listed
RESOLUTION 2018-49 2 DECEMBER 6, 2018
al shall expire twelve' (12) months from the date of
adoption of this resolution unless building permits have been issued and a
substantial investment in reliance of those permits has occurred; all conditions of
approval have been met; or a time extension has been granted by the City, in
RESOLUTION 2019-50 1 PAGE OF 5 JANUARY 17, 2019
1 PAGE OF 4 JANUARY 17, 2019
as included design elements supported by the Barton Road Specific
Plan for commercial buildings, such as wall and height articulation, and brick and
stucco accents. The project will include a scheme of brown earthy/neutral colors,.
RESOLUTION 2017-35 1 PAGE OF 3 OCTOBER 19, 2017
Plan
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RESOLUTION 2017-38 1 PAGE OF 4 NOVEMBER 16, 2017
in Section 18.84.50. The proposed project meets the criteria for Administrative
Conditional Use Permit stated above. The proposed accessory structures (guest
house and workshop) will be constructed in a lot of an already established single
family residence. The proposal will not exceed two thousand square feet in size,
and all applicable zoning regulations and standards will be met with the submittal
of the Minor Deviation.
d. Conditions of approval for this project necessary to secure the purposes of the
Grand Terrace Municipal Code and General Plan are made a part of this approval
as set forth in the accompanying Resolution of Approval.
BE IT FURTHER RESOLVED that Minor Deviation and Administrative Conditional Use
Permit are hereby approved subject to the following conditions:
1. Minor Deviation 18-04 and Conditional Use Permit 18-07 are approved to construct an
864 square foot guest house and a 408 square foot workshop. The project site measures
0.28-acres and is zoned R1-7.2, Single Family Residential District. This approval is
based on the application and materials submitted by Rudy Lozano representing Ignacio
and Isabel Aguilar, on October 17, 2018, including site plan, floor plan and architectural
elevations. The application materials are approved as submitted and shall not be altered
unless reviewed and approved by affected departments.
2. If not appealed, this approval shall become effective on the eleventh (11th) day after the
date of the Planning Commission's approval; or the next city business day following such
eleventh (11th) day when the,eleventh (11th) day is not a city business day. This approval
shall expire twelve (12) months from the date of adoption of this resolution unless
building permits have been issued and a substantial investment has occurred; all
conditions of approval have been met; or a time extension has been granted by the City,
in accordance with Chapter 18.63 of the Zoning Code. Time extensions shall be filed at
least sixty (60) days prior to the expiration date.
3. Minor modifications to this approval which are determined by the Planning Director to be
in substantial conformance with the approved site plan, and which do not intensify or
change the use or require any deviations from adopted standards, may be approved by the
Planning Director upon submittal of an application and the required fee.
4. The applicant shall defend, indemnify, and hold harmless the City of Grand Terrace and
its officers, employees, and agents from and against any claim, action, or proceeding
against the City of Grand Terrace, its officers, employees, or agents to attack, set aside,
void, or annul any approval or condition of approval of the City of Grand Terrace
concerning this project, including but not limited to any approval or condition of approval
of the Planning Commission, or Planning and Development.Services Director. The City
shall promptly notify the applicant of any claim, action, or proceeding concerning the
project and the City shall cooperate fully in the defense of the matter. The City reserves
the right, at its own option, to choose its own attorney to represent the City, its officers,
employees, and agents in the defense of the matter.
RESOLUTION 2018-49 3 DECEMBER. 6 , 2018
ght articulation, and brick and
stucco accents. The project will include a scheme of brown earthy/neutral colors,.
RESOLUTION 2017-35 1 PAGE OF 3 OCTOBER 19, 2017
Plan
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RESOLUTION 2017-38 1 PAGE OF 4 NOVEMBER 16, 2017
5. The project shall be constructed in accordance with all the approved plans and conditions
of approval, including but not limited to site plans, grading plans, wall plans, and
building elevations, except as modified by these conditions of approval.
6. In the event that exhibits, and written conditions are inconsistent, the written conditions
shall prevail.
7. The Applicant shall remove the non-permitted carport located on the west side of the
property within 30 days from the effective approval date.
8. The architectural elevations shall be revised to add a keyed color and materials legend,
and the architectural elevations shall be keyed to the legend. The color and materials
shall match the existing residence.
9. The location of all building-mounted light fixtures shall be shown on the elevations. A
detail of said fixtures shall be shown on the elevations, and fixtures shall be decorative
and complementary to the building architecture. Lighting shall not glare onto adjoining
properties and may need to be shielded.
10. Air conditioning,heating, and cooling units shall be ground mounted.
11. Construction and operational activities associated with the project shall comply with the
regulations of the City's Noise Ordinance, Chapter 8.108 of the Grand Terrace Municipal
Code.
12. All contractors shall acquire a valid City business license and be in compliance with all
City codes.
13. The applicant shall comply with all requirements of the City of Grand Terrace Building
and Safety, including the conditions of approval contained in the memorandum dated
November 7, 2018, attached hereto as Exhibit 1.
14. The applicant shall comply with all requirements of the City of Grand Terrace Public
Works, including the conditions of approval contained in the memorandum dated
November 26, 2018, attached hereto as Exhibit 2.
15. Prior to the issuance of a building permit the applicant shall submit three (4) sets of fully
dimensioned construction plans to the Building and Safety Department for plan check
that demonstrate compliance with all applicable requirements of the California Building
Code, including compliance with this Conditions of Approval.
16. Upon approval of these conditions and prior to becoming final and binding, the applicant
must sign and return an"Acceptance of Conditions" form. The form and content shall be
prepared by the Planning and Development Services Department.
RESOLUTION 2018-49 4 DECEMBER 6, 2018
officers, employees, and agents from and against any claim, action, or proceeding
against the City of Grand Terrace, its officers, employees, or agents to attack, set aside,
void, or annul any approval or condition of approval of the City of Grand Terrace
concerning this project, including but not limited to any approval or condition of approval
of the Planning Commission, or Planning and Development.Services Director. The City
shall promptly notify the applicant of any claim, action, or proceeding concerning the
project and the City shall cooperate fully in the defense of the matter. The City reserves
the right, at its own option, to choose its own attorney to represent the City, its officers,
employees, and agents in the defense of the matter.
RESOLUTION 2018-49 3 DECEMBER. 6 , 2018
ght articulation, and brick and
stucco accents. The project will include a scheme of brown earthy/neutral colors,.
RESOLUTION 2017-35 1 PAGE OF 3 OCTOBER 19, 2017
Plan
•
RESOLUTION 2017-38 1 PAGE OF 4 NOVEMBER 16, 2017
17. The Applicant shall install a driveway to the workshop, which may include alternative
surfaces, such as pervious pavers, as agreed by the City and the Applicant.
18. Any home-based business is subject to City review and approval.
RESOLUTION 2018-49 5 DECEMBER 6 , 2018
Secretary Chairman
RESOLUTION 2018-46 1 PAGE OF 3 JULY 5,2018
pplicant shall submit a fire lane plan to the Fire Department for review and
approval. Fire lane curbs shall be painted red.The"No Parking,Fire Lane"signs shall be
installed on public/private roads in accordance with the approved plan..Standard,901.4[F93]
•
RESOLUTION 2017-35 PA��GEjbFck9' _ OCTOBER 19,2017
ATTEST:
59 / '
.. / Ar„rirh/d//
essica Lambarena 'om Comstock ✓
Secretary Chairman
RESOLUTION 2017-33 1 PAGE OF 6 JUNE 15, 2017
PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace,
California, at a regular meeting held on the 6h day of December 2018.
AYES: Chairman Comstock,Vice-Chair Cesena, Commissioners Allen
NOES: Giroux & McConnell
ABSENT:
ABSTAIN:
ATTEST:
Jessica Lambarena Tom Comstock
City Clerk Chairman
RESOLUTION 2018-49 ____6 DECEMBER 6, 2018
epartment for review and
approval. Fire lane curbs shall be painted red.The"No Parking,Fire Lane"signs shall be
installed on public/private roads in accordance with the approved plan..Standard,901.4[F93]
•
RESOLUTION 2017-35 PA��GEjbFck9' _ OCTOBER 19,2017
ATTEST:
59 / '
.. / Ar„rirh/d//
essica Lambarena 'om Comstock ✓
Secretary Chairman
RESOLUTION 2017-33 1 PAGE OF 6 JUNE 15, 2017
EXHIBIT 1
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4 a; Building and Safety Division
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Memorandum
~,LGMOew w U19
Date: November 7, 2018
To: Haide Aguirre, Assistant Planner
From: Jim Norhcutt, Contract Building Official
Subject: Admin Conditional Use (ACUP) 18-07 and Minor Deviation 18-04
The following items are Building & Safety Conditions of Approval.
1) All permanent structures shall comply with the current California Building Codes (CBC), and
related Codes and Ordinances of the City of Grand Terrace. Four (4) sets of plans shall be
submitted for a building plan review and permits
2) The developer shall pay all applicable processing fees, permit fees, City development fees,
school fees, drainage fees and other public entity fees in effect at the time of the issuance of
the applicable permit.
3) The applicant shall submit four sets (4) of plans to the Building and Safety Department for
plan review and approval.
4) The applicant shall submit two sets of geotechnical reports.
5) Prior to final inspection, all required improvements shall be constructed and finalized and
accepted by the appropriate agency prior to the issuance of a Certificate of Occupancy.
6) Final permit approvals shall be obtained, and any outstanding fees shall be paid to all City
Departments/Divisions which may include Fire, Planning, Engineering, Building & Safety.
Sincerely,
INTERWEST CONSULTING GROUP
Building and Safety Services
Jan/Northcutt'
Jim Northcutt
Plans Examiner
Building and Safety Services
(909) 545-6126
jorthcutt@interwestgrp.com
RESOLUTION 2018-49 7 DECEMBER 6 , 2018
of approval contained in the memorandum dated
November 26, 2018, attached hereto as Exhibit 2.
15. Prior to the issuance of a building permit the applicant shall submit three (4) sets of fully
dimensioned construction plans to the Building and Safety Department for plan check
that demonstrate compliance with all applicable requirements of the California Building
Code, including compliance with this Conditions of Approval.
16. Upon approval of these conditions and prior to becoming final and binding, the applicant
must sign and return an"Acceptance of Conditions" form. The form and content shall be
prepared by the Planning and Development Services Department.
RESOLUTION 2018-49 4 DECEMBER 6, 2018
officers, employees, and agents from and against any claim, action, or proceeding
against the City of Grand Terrace, its officers, employees, or agents to attack, set aside,
void, or annul any approval or condition of approval of the City of Grand Terrace
concerning this project, including but not limited to any approval or condition of approval
of the Planning Commission, or Planning and Development.Services Director. The City
shall promptly notify the applicant of any claim, action, or proceeding concerning the
project and the City shall cooperate fully in the defense of the matter. The City reserves
the right, at its own option, to choose its own attorney to represent the City, its officers,
employees, and agents in the defense of the matter.
RESOLUTION 2018-49 3 DECEMBER. 6 , 2018
ght articulation, and brick and
stucco accents. The project will include a scheme of brown earthy/neutral colors,.
RESOLUTION 2017-35 1 PAGE OF 3 OCTOBER 19, 2017
Plan
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RESOLUTION 2017-38 1 PAGE OF 4 NOVEMBER 16, 2017
EXHIBIT 2
4. . 2. V.
Public Works Conditions of Approval
~ACN,9IIA.^0Y0
Date: November 26,2018
Applicant: Ignacio and Isabel Aguilar represented by Rudy Lozano
Address of Applicant: 12600 Mt. Vernon Ave, Grand Terrace, CA. 92313
Site Location: 12600 Mt. Vernon Ave—Grand Terrace—Guest house and
workshop APN 1167-361-29
Case Number: CUP 18-07
Provide construction plans and required documentation for review of the proposed project as
follows:
(1) Grant Deed showing all easements.
(1) Street Water Utility Plans.
(1) Street Improvement Plans prepared by a licensed Civil Engineer
(1) Sewer Plan Sheets
(1) Rough and/or Precise Grading Plans
(1) Erosion Control Plan
(1) Soils, Hydrology, and Hydraulics Reports
All work performed in the public right of way shall comply with the San Bernardino County
Public Works Standards or standards approved by the Public Works Director.
All construction sites must be protected by a security fence and screening. The fencing and
screening shall always be maintained to protect pedestrians.
Toilet facilities shall be provided for construction workers and such facilities shall be maintained
in a sanitary condition.
Specific Conditions:
1. Street cut permits are required before work begins in the public right of way. A street cut
deposit will be collected for each street cut and held for two years.
RESOLUTION 2018-49 8 DECEMBER 6 , 2018
ly,
INTERWEST CONSULTING GROUP
Building and Safety Services
Jan/Northcutt'
Jim Northcutt
Plans Examiner
Building and Safety Services
(909) 545-6126
jorthcutt@interwestgrp.com
RESOLUTION 2018-49 7 DECEMBER 6 , 2018
of approval contained in the memorandum dated
November 26, 2018, attached hereto as Exhibit 2.
15. Prior to the issuance of a building permit the applicant shall submit three (4) sets of fully
dimensioned construction plans to the Building and Safety Department for plan check
that demonstrate compliance with all applicable requirements of the California Building
Code, including compliance with this Conditions of Approval.
16. Upon approval of these conditions and prior to becoming final and binding, the applicant
must sign and return an"Acceptance of Conditions" form. The form and content shall be
prepared by the Planning and Development Services Department.
RESOLUTION 2018-49 4 DECEMBER 6, 2018
officers, employees, and agents from and against any claim, action, or proceeding
against the City of Grand Terrace, its officers, employees, or agents to attack, set aside,
void, or annul any approval or condition of approval of the City of Grand Terrace
concerning this project, including but not limited to any approval or condition of approval
of the Planning Commission, or Planning and Development.Services Director. The City
shall promptly notify the applicant of any claim, action, or proceeding concerning the
project and the City shall cooperate fully in the defense of the matter. The City reserves
the right, at its own option, to choose its own attorney to represent the City, its officers,
employees, and agents in the defense of the matter.
RESOLUTION 2018-49 3 DECEMBER. 6 , 2018
ght articulation, and brick and
stucco accents. The project will include a scheme of brown earthy/neutral colors,.
RESOLUTION 2017-35 1 PAGE OF 3 OCTOBER 19, 2017
Plan
•
RESOLUTION 2017-38 1 PAGE OF 4 NOVEMBER 16, 2017
a EXHIBIT 2
e; Public Works Conditions of Approval
2. The applicant shall dedicate and construct all missing or damaged public improvements.
The missing or damaged public improvements shall include, but are not limited to,
pavement, curb, gutter, sidewalk on Franklin and driveway approach.
3. The Applicant shall submit proposed sewer plans to the City of Colton for plan review.
Applicant shall pay all plan review fees and permit fees for the sewer review to the City
of Colton. Please provide a written "Will Serve" letter and approved sewer plans to the
City of Grand Terrace before any permits are issued.
4. The applicant shall submit proposed water plans to the Riverside Highland Water
Company for plan review. Applicant shall pay all plan review fees and permit fees for
the water review to Riverside Highland Water Company. Please provide a written "Will
Serve" letter and approved plans to the City of Grand Terrace before any permits are
issued.
5. Provide ultimate right of way dedication along the entire frontage of the property if not
already dedicated.
6. Minimum driveway grades shall be consistent with San Bernardino County Standard 131.
Riverside County Standard driveway approach can also be used.
7. Monumentation: If any activity on this project disturbs any survey monuments, the
disturbed monumnetation shall be located and referenced by or under the direction of a
licensed land surveyor or a registered civil engineer authorized to practice land surveying
prior to commencement of any activity with the potential to disturb the monumnetation,
and a corner record or record of survey of the references shall be filled with the County.
8. All existing and proposed easements must be shown on improvement plans.
9. Provide a typical cross section of proposed improvements along the frontage of property.
RESOLUTION 2018-49 9 DECEMBER 6 , 2018
ubmit three (4) sets of fully
dimensioned construction plans to the Building and Safety Department for plan check
that demonstrate compliance with all applicable requirements of the California Building
Code, including compliance with this Conditions of Approval.
16. Upon approval of these conditions and prior to becoming final and binding, the applicant
must sign and return an"Acceptance of Conditions" form. The form and content shall be
prepared by the Planning and Development Services Department.
RESOLUTION 2018-49 4 DECEMBER 6, 2018
officers, employees, and agents from and against any claim, action, or proceeding
against the City of Grand Terrace, its officers, employees, or agents to attack, set aside,
void, or annul any approval or condition of approval of the City of Grand Terrace
concerning this project, including but not limited to any approval or condition of approval
of the Planning Commission, or Planning and Development.Services Director. The City
shall promptly notify the applicant of any claim, action, or proceeding concerning the
project and the City shall cooperate fully in the defense of the matter. The City reserves
the right, at its own option, to choose its own attorney to represent the City, its officers,
employees, and agents in the defense of the matter.
RESOLUTION 2018-49 3 DECEMBER. 6 , 2018
ght articulation, and brick and
stucco accents. The project will include a scheme of brown earthy/neutral colors,.
RESOLUTION 2017-35 1 PAGE OF 3 OCTOBER 19, 2017
Plan
•
RESOLUTION 2017-38 1 PAGE OF 4 NOVEMBER 16, 2017