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2011-03 -- RESOLUTION NO. 2011- 03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE APPROVING LAND USE APPLICATION 11-09 TO CONVERT A THIRD CAR GARAGE TO LIVING AREA AND ADD 120 SQUARE FEET TO THE CONVERTED SPACE LOCATED AT 12168 OBSERVATION DRIVE (APN 1178-051-16) WHEREAS, Mr. Doug Wilson ("Applicant") has submitted an application to convert an existing third car garage of an existing single family residence to living area and add 120 square feet of living area to the conversion ("Project"). The Project is located at 12168 Observation Drive, is zoned Single Family Residential-7.2 and has a General Plan land use designation of Low Density Residential. WHEREAS, the project qualifies for an exemption from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15,303 of the State CEQA Guidelines, which exempts new construction or conversion of small structures. WHEREAS, on April 21, 2011, the Planning Commission conducted a noticed public meeting on the Project at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313 and concluded the hearing on said date. 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 exempt from CEQA pursuant to Section 15303, which exempts new construction or conversion of small structures and adopts a Notice of Exemption. 2. The Planning Commission finds as follows with respect to Site and Architectural Review 11-01: a. The Project is consistent with the intent of the Grand Terrace Municipal Code and the General Plan. The Project is consistent with the permitted single family uses of the Single Family Residential-7.2 (R1-7.2) zone classification. It is consistent with the minimum setback requirement of five feet because the conversion of the third-car garage and addition are residential living area which is permitted a minimum setback of 5 feet. The Project is consistent with the Low Density Residential (LDR) General Plan land use designation, which is intended for single family detached residential units. The Project promotes Housing Element Goal 8.1 to provide and encourage a supply of housing suitable to the needs of existing projected residents, Policy 8.1.1 to promote and encourage development of housing, which varies by type, design, form of ownership and size, and Policy 8.2.16 to maintain and enhance the low density character of existing residential Page 1 of 4 neighborhoods. Therefore, the proposed garage conversion and addition are consistent with the intended land uses and policies of the General Plan b. The location and configuration of all structures associated with this Project are visually harmonious with this site and surrounding sites and structures, that they do not interfere with the neighbors' privacy, that they do not unnecessarily block scenic views from other structures and/or public areas and are in scale with the townscape and natural landscape of the area. The conversion and addition will match the existing residence in colors and materials. The single story addition is in scale with the surrounding area. C. The architectural design of structures, their materials and colors are visually harmonious with the surrounding development, natural landforms, are functional for the Project and are consistent with the Grand Terrace Municipal Code. The Project will match the existing residence in colors and materials. C. The plan for landscaping and open spaces provide a functional and visually pleasing setting for the structures on this site and is harmonious with the natural landscape of the area and nearby developments. The Project site is already developed and on-site landscaping will remain in place. e. There is no indiscriminate clearing of property, destruction of trees or natural vegetation or the excessive and unsightly grading of hillsides, thus the natural beauty of the City, its setting and natural landforms are preserved. The Project site is already developed and on-site landscaping will remain in place. f. The design and location of all signs associated with this Project are consistent with the scale and character of the building to which they are attached or otherwise associated with and are consistent with the Grand Terrace Municipal Code. No signs are proposed. g. Conditions of approval for this Project necessary to secure the purposes of the Grand Terrace Municipal Code and General Plan have been applied to the Project. BE IT FURTHER RESOLVED that Land Use 11-09 is hereby approved subject to the following conditions: 1. Land Use Review 11-09 is approved to convert an existing third-car garage measuring 260 square feet into living area and adding 120 square feet of additional living area to the conversion for a total square footage of 380. This approval is based on the application materials submitted by Doug Wilson on March 14, 2011, including the-site, floor and architectural elevation plans. All plans shall be consistent in terms of colors, material, dimensions and other measurements. 2. This approval shall expire twelve (12) months from the date of adoption of this resolution unless the Project has been completed or a time extension has been Page 2 of 4 -- 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. 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 Community and Economic Development 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. 4. 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 Community and Economic Development Department. 5. The project shall be constructed in accordance with all the approved plans and conditions of approval. 6. Construction 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. 7. Prior to issuance of a building permit, the applicant shall specify the materials and design of the filled in garage door opening. 8. The applicant shall comply with all requirements of the City of Grand Terrace Building and Safety/Public Works Department, San Bernardino County Fire Department, and Riverside Highland Water Company. 9. The new living area shall only be used by residents and guests and shall not be rented out. 10. Primary and accent building colors shall complement the colors of surrounding residences. 11. The applicant shall be responsible for regular and ongoing upkeep and maintenance of the site, including landscaping, weed and debris, drainage facilities or conveyances and structures. Page 3 of 4 r- PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, California, at a regular meeting held on the 21st day of April, 2011. AYES: 4 - Vice Chairman Addington, Commissioners Bailes, Comstock and NOES: 0 Kongtang ABSENT: 0 ABSTAIN: 1 - Chairman Wilson ATTEST: Brenda Mesa tth w i ddingt City Clerk ice C airman, Plan /9 Commission Page 4 of 4