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2012-05 RESOLUTION NO. 2012-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE ADOPTING A NOTICE OF EXEMPTION AND APPROVING LAND USE 12-19 AND VARIANCE 12-01 ON PROPERTY LOCATED AT 11810 HONEY HILLS DRIVE WHEREAS, Mr. Bill Darwin has submitted an application for Land Use 12-19 and Variance 12-01 proposing to alter an existing garage so that it no longer encroaches onto an adjacent parcel ("Adjacent Parcel"), but which will be located 6.5 feet into the required 10 foot side-yard setback ("Project"). The Project site measures 38,367 square feet in area, is zoned R1-20 Very Low Density Single Family and designated Low Density Residential on the General Plan Land Use Map WHEREAS, the Project is categorically exempt from the California Environmental Quality Act (CEQA) Guidelines, pursuant to Section 15301, which exempts minor alterations to private structures involving no expansion of use. WHEREAS, on May 17, 2012, the Planning Commission conducted a duly noticed public hearing on 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 categorically exempt pursuant to Section 15301 from the provisions of the California Environmental Quality Act (CEQA), because the modification of the existing three-car garage to a two-car garage will not expand the existing single family use. 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 Variance 12-01: a. A special circumstance regarding the size, shape, topography, location or surroundings of the subject property exists. A special circumstance applies in that the existing site and Adjacent Parcel are improved and lot lines are in place limiting viable options to correct the structural encroachment other than rendering the three-car garage into a two-car garage that sits 3.5 feet from the adjacent property line. Page 1 of 5 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 ten-foot setback would require further reduction of the garage to less than a two-car garage, which would deprive the property owner of the enjoyment of a two-car garage as required by the Zoning Code and enjoyed by other properties in the vicinity. C. The granting of the variance 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 granting of the variance will not constitute a special privilege in that it is impractical and unreasonable to require the property owner to further reduce the area of the existing garage given existing lot lines and site improvements. Nor is it practical to adjust the lot line, as improvements on the Adjacent Parcel would be adversely impacted. d. The granting of the variance will not authorize a use or activity which is not otherwise expressly authorized by the district governing the parcel of property. The side-yard setback will allow the use and enjoyment of a two- car garage, the use of which is permitted by the zoning district. e. The granting of the variance will not result in a situation inconsistent with the latest adopted general plan. The Project site is designated Low Density Residential on the General Plan Land Use map, and the designation is intended for single family uses. Therefore, granting of the variance would not be inconsistent with the General Plan. f. Conditions necessary to secure the above findings are made a part of the approval of the variance. 3. The Planning Commission finds as follows with respect to Land Use 12-19: a. The Project is consistent with the intent of the Grand Terrace Municipal Code and the General Plan. The Project is consistent with the R1-20 Very Low Density Single Family Residential zone classification in that it permits detached single family uses with garages. With the granting of Variance 12-01 the residence will be consistent with all applicable development standards, such as parking requirements, lot size, lot coverage, building height and setbacks. 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 Page 2 of 5 and projected residents, and Policy 8.2.16 to maintain and enhance the low density character of existing residential neighborhoods. 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 alteration to the garage will match the existing residence in colors and materials, and the single story residence 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. d. 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 Variance 12-01 and Land Use 12-19 are hereby approved subject to the following conditions: 1. Variance 12-01 and Land Use Review 12-19 to remove the third car portion of an existing garage so that the resulting 570 square foot two-car garage will be located 3.6 feet from the side yard setback is approved. This approval is based on the application materials submitted by Bill Darwin on March 28, 2012, r Page 3 of 5 (- 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 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. The applicant shall comply with all requirements of the City of Grand Terrace Director of Building and Safety/Public Works, including the conditions of approval contained in the Director's memorandum dated April 5, 2012, attached hereto as Exhibit 1. Page 4of5 PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, California, at a regular meeting held on the 17th day of May, 2012. AYES: 4 - Chairman Wilson, Commissioners Addington, Comstock, Kongtang NOES: 0 ABSENT: 1 - Commissioner Bailes ABSTAIN: o ATTEST: \Il Tracey M rtine Doug Wilson k City Clerk Chairman, Planning Commission Page 5 of 5 EXHIBIT 1 - Building and Safety/Public Works Department Conditions of Approval 4 Date: April 5, 2012 Applicant: Bill Darwin Address of Applicant: 11810 Honey Hills Drive Site Location: 11810 Honey Hills Drive W.O. # 12-8.5482 Provide four(4) construction plans and information for review of the proposed project. Below is a list of the plans and documents needed for plan review. The initial plan review will take approximately three weeks on most projects. You have received work order number: 12-8.5482 for the proposed project, this number will be needed to obtain information regarding your plan review. A plan review fee and permit fee will be charged at the time plans are approved and are ready to issue. Provide the following sets of plans and documents. Buildinz and Safety submittal's required at first plan review. (4) Architectural Plans (4) Structural Plans (0) Structural Calculations (4) Plot/Site Plans Building&Safety General Information and conditions All structures shall be designed in accordance with the 2010 California Building Code, 2010 California Mechanical Code, 2010 California Plumbing Code, and the 2010 California Electrical Code adopted by the State of California. Building & Safety inspection requests and Public Works inspection requests can be made twenty four(24)hours in advance for next day inspection. Please contact (909) 825-3825. You may also request inspections at the Building & Safety public counter. The exterior wall and cave overhang at the garage wall shall comply with the 2010 California Residential Code, Table R302 (1), 1 hour less than 5 feet from property line. The one hour construction shall be in accordance with ASTAM E 119. Please provide the ASTM report with the plan submittals. The cave projections shall also comply with Table R302.1 (1).