Planning Commission Staff Report - CivicPlus

Planning Commission Staff Report City of Colton Development Services Department

MEETING DATE: April 24, 2017

FILE INDEX NUMBER: DAP-001-416

REQUEST: Major Variance to allow a front yard wall/wrought Iron

fence to be 7 feet, 4 inches in height instead of 4 feet high;

to allow a side yard wall along the east property line to be up

to 8 feet, 6 inches in height instead of 6 feet in height;

wrought iron gate to be 8 feet 4 inches in height instead of 6

feet; and to allow approximately 30 percent landscaping in

front setback instead of 80 percent landscaping on property

measuring approximately 4,215.5 square feet at 452 W. L

Street within the R-1 (Low Density Residential) Zone.

APPLICANT: Jose Maldonado (Family Representative)

PROPERTY OWNER: Juan R. Maldonado

ACTIONS:

APPLICATION FILED: 4/03/17

APPLICATION REVIEW COMMITTEE: N/A

PLANNING COMMISSION: 04/25/17; Recommendation: Approval; Decision: _________

ENVIRONMENTAL DETERMINATION: Categorical Exemption – Section 15301 (Existing

Facilities), Class 1. This section pertains to existing facilities, categorically exempting from CEQA

proposed projects that involve negligible or no expansion beyond what currently exists at the time

of environmental determination.

PROPERTY INFORMATION:

1. Location: 452 W. L Street,Assessor’s Parcel No: 0163-064-08

2. Lot Size(s): 4,215.5 S.F.

3. Existing Land Use: Single-Family Residential

4. General Plan Land Use Designation: Low Density Residential

5. Zoning: R-1 (Low Density Residential)

6. Surrounding Properties:

Existing Land Use Zoning General Plan Land Use

Designation

North Residential R-1 (Low Density Residential) Low Density Residential

South Residential R-1 (Low Density Residential) Low Density Residential

East Residential R-1 (Low Density Residential) Low Density Residential

West Residential R-1 (Low Density Residential) Low Density Residential

Planning Commission Staff Report: DAP-001-416 – 452 W. L Street.

Page 2 of 7

7. Building Permit Review

02-24-2010 Final Building Permit to allow construction of a new 1,342 square foot home with

500 square foot garage and 49 square foot rear yard patio

02-24-2010 Final Building Permit to construct a 3 feet and 6 feet high retaining walls.

02-06-2008 Final Building Permit to construct 4 feet high retaining walls.

10-18-2008 Final Public Works Permit for street cut to allow sewer and water services.

8. Planning Approvals

09-21-2009 Design Review Committee (DRC) approved a Lot Line Adjustment to acquire 3.09

feet x 150 feet located on the west side of the property changing the lot size from

3,750 square feet to 4,215.5 square feet in area.

9. General Aerial of Project Location:

Aerials of property may be reviewed in Attachment 1.

PROPERTY DESCRIPTION

The subject property consists of one single family residential lot that measures 25 feet by 150 feet for a

total of 3,750 square feet. The lot is located on a sloping topography graded to accommodate a new single

family home constructed in 2010. The property is located on a small hilly area changing in topography

by about four feet in a gentle eastward direction. Specifically, the east side of the lot is about 4 feet lower

than the west side.

The lot located to the east, 450 W. L Street, of the subject site is presently vacant, but is planned to be

constructed with a new single family home, currently, in Building Permit Plan Review. The majority of

the homes in the area are older homes built in 1920s through 1950s. Similar walls are visible in the

neighborhood such as with 456 and 469 W. L Street. Some of the walls are estimated to be approximately

8 to 12 feet in height (See Attachment 1).

W. L Street

N


Page 3 of 7

A 4 foot high retaining wall is located on the east property line which is actually located on adjacent

property. This wall has been permitted and is legal. The property owner to the east is aware of the wall

situation and is awaiting for the walls to be legalized to move forward with his plans.

Map above shows location of existing home at 452 W. L Street and location of proposed wall Variances.

PROPOSAL

As part of a Code Compliance violation, the applicant is attempting to legalize two retaining walls built

without permits. The existing unpermitted walls change the subject site appearance, but are compatible

with the surrounding neighborhood. The property owner has provided a site plan showing the three areas

of focus related to the retaining walls/walls proposed to be legalized and rear yard alley gate. In addition,

the applicant is proposing to reduce the landscaping coverage from 80 percent to approximately 30 percent

with brick pavers, potted plants and new smaller front yard landscape area that is drought tolerant in

nature. The proposed variances may be broken down as follows:

Front yard wall/wrought iron fence to be 7 feet, 4 inches in height instead of 4 feet high as required

by Code;

Subject Site

452

7’-4” – Wall Max Height

‘-

8’-6” Wall Max. Height

‘-

8’-4”

Wall Max Height

‘-

N


Page 4 of 7

Side yard wall along the east property line to be up to 8 feet, 6 inches in height instead of 6 feet in

height;

Rear Yard wrought iron gate to be 8 feet 4 inches in height instead of 6 feet as required by Code;

and

30 percent landscaping in front yard setback instead of 80 percent landscaping in front setback as

required by Code.

Subject property located on a sloping street – sloping downward in an eastern direction of red arrow above.

DEVELOPMENT STANDARDS COMPLIANCE TABLE - R-1 (Low Density Residential) Zone

Standard Required/ Allowed Project Compliance

Min. Lot Area 7,200 sf 4,215.5 Nonconforming

Min. Lot Depth 100 feet 150 feet Yes

Min. Lot Width 60 feet 28.5 feet Nonconforming

Max. lot Coverage

(CMC 18.12.050-1)

40% max of lot area 30 Yes

Building Height

2.5 Stories or 35’ 1 Story – 16’-0” Yes

Setback, Front 25’

30’ Yes

Setback, Side 2.8 feet 3’-0” = west side

3’-10”= east side

Yes

Yes

Setback, Rear 20’ 34+’ Yes

Parking 2-car covered parking-

main house

2-car garage Yes

Subject Site


Page 5 of 7

Standard Required/ Allowed Project Compliance

Landscape (CMC

18.12.180)

80 Percent Landscaping

front yard setback

30 Percent

Landscaping

Variance Requested

The Development Standards table on the previous page provides a general review of existing home

development standards compliance and also includes landscape yard percentage variance analysis. Staff

conducted a field review of the landscape Variance proposal and took various pictures of the subject site

and surrounding neighborhood to provide a better idea of the Variance request (Attachment 1).

ANALYSIS

Variance Request. A Variance is required to allow higher walls and reduction in front yard landscaping

on the property. Pursuant to Section 18.58.040 and state Planning and Zoning Law (§ 65906, Variances),

approval of a Variance requires findings.

Findings for approval are justified for the proposal because of the existing reduced lot size, width and

topography creates constraints and challenges for installation of a perimeter block wall and grading the

lot to be more flat to allow for more useable recreation space for the residents. Strict compliance of the

code will deprive the subject property of privileges enjoyed by other property in the vicinity under

identical zoning classification in that the topography and lot size constraints of the existing lot make it a

special circumstance in reviewing proposed perimeter wall heights and grading the lot to create usable

open space on this narrow lot. In order to fully comply with the Code requirements, all existing walls

must be removed and the front yard area will need to be returned to its original condition.

Because there are similar fences in the neighborhood and the overall fence is constructed to compliment

the home and neighborhood with a slightly hilly topography up to four feet difference in height.

Compatibility with Surrounding Properties

The project site directly abuts single-family residential to the east and west with similar narrow lots. Due

to the similar existing residential nature in the area, no incompatibility issues are foreseen. Staff also finds

that the project is compatible with the surrounding neighborhood with regard to front yard walls of

adjacent neighboring lots. (Attachment 1)

ENVIRONMENTAL DETERMINATION

Staff analyzed the proposal for California Environmental Quality Act (CEQA) compliance. Pursuant to

15301 of the State CEQA guidelines, the project is exempt from CEQA as a Class 1 (Existing Facilities)

categorical Exemption, which applies to additions to existing structures.

VARIANCE FINDINGS:

The Zoning Code allows for review of a Variance to address development standards such as the request

to increase the fence height and to reduce the percentage of front yard landscaping. “The statutory

justification for a Variance is that the property owner would suffer unique hardship under the general

zoning regulation because a particular parcel is different from the others to which the regulation applies

due to its size, shape, topography, location, or surroundings – State Government Code § 65906”. Staff

has prepared a draft Resolution for approval making the following findings for approval for the Planning

Commission’s consideration.

1. There are exceptional or extraordinary circumstances or conditions applicable to the property


Page 6 of 7

involved, or to the intended use of the property, which do not apply generally to other property in the

same zoning district and neighborhood in which the property is located in that the subject property is

part of an older subdivision that created legal non-conforming substandard lots with a restricted lot

width and hilly topography that limits the ability to meet the current development standards, including

fence height and landscape coverage. The narrow lot provides very little usable outdoor area; whereas

the expanded patio compensates for the reduced outdoor area. Based on this, the approval of this

Variance will not set a precedent for other properties in the R-1 Zone in that other properties on the

same block have similar fence such as at 456 and 469 W. L Street which are located on a lot with a

street that slopes in a downward easterly direction.

2. That such Variance is necessary for the preservation and enjoyment of a substantial property right of

the applicant. In this case, the Variance is necessary for the preservation and enjoyment of a

substantial property right of the applicant to provide perimeter fencing and allow reduction in front

yard landscaping on property located in the R-1 Zone. There are similar front yard fences in the

neighborhood which is located on a hilly road and property that is smaller, 4,215.5 square feet, than

an average R-1 property lot size of 7,200 square feet. The lot sizes in the neighborhood vary ranging

in size from 3,750 square feet to 14,810 square feet in area. The new fence and front yard landscaping

allows for additional recreational area to compensate for the narrow, sloping lot, and provides at least

214 square feet of green area along the first 25 foot setback. The rear yard includes a driveway to the

garages.

3. That the granting of the variance will not be materially detrimental to the public welfare or injurious

to property and improvements in the zoning district and neighborhood in which the property is located.

The granting of the Variance will not be materially detrimental to the public welfare or injurious to

property in the zoning district and neighborhood in which the property is located in that the Variance

application requests to allow the higher fences will require that an engineered plan shall be provided

and inspected by the City prior to final sign off. The property will continue to have greenery and new

drought resistant plants and pavers to allow additional room for recreation to compensate to the

narrow, substandard lot. This area is not visible from the street because of the sloping street

topography and proposed wall height. Completion of the plan review, building inspections and Public

Works review of any grading, there should be no detrimental effects to the public welfare and the

project will not be injurious to the surrounding neighborhood.

4. That the granting of such a Variance will not be contrary to the objectives of the General Plan.

The subject site is located within an area designated as Low Density Residential in the General Plan.

Approval of the Variance on a nonconforming lot would be consistent with the following policies of

the General Plan Land Use Element:

Policy LU‐1.6: Ensure that new development projects are compatible with permitted, well

maintained uses and buildings in the surrounding neighborhood or district.

Policy LU‐5.1: Require the incorporation of energy conservation features into the design of all

new construction and site development, as required by State law and local regulations.

Policy LU‐18.1: Preserve and maintain established single‐family homes in south Colton.

ATTACHMENT 1

Prior to installation of New Fence and Front Yard

Side view looking west

New Fence Design and front yard landscaping

The location of landscaping is mostly along the western side of the front yard.

New front yard – 30% landscaping not counting the potted plans.

Rear side yard fence up to 8 feet and 6 inches

Alley Gate measuring 8 feet and 4 inches in height

West property line block wall over 10 feet in height.

Map showing contours of the subject site – elevations provided by staff

Adjacent Neighborhood Walls, Fences and Hedges over six feet in height along

front property line.

456 W. L Street – Front – Retainer Wall Approximately 6 feet

469 W. L Street – Front – Retainer Wall – Over 6 feet in height

472 W. L Street – Green Hedge about 5 to 6 feet in height

General fences on flat topography area of the street are conforming fences

General fences on flat topography area of the street are conforming fences

ATTACHMENT 2

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

RESOLUTION NO. R-16-17

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COLTON APPROVING A VARIANCE TO ALLOW FOR TANDEM PARKING ON THE EXISTING DRIVEWAY TO MEET THE REQUIRED PARKING FOR A PROPERTY WITH AN EXISTING 1,136 SQUARE FOOT SINGLE-FAMILY HOME AND A 780 SQUARE FOOT SECOND DWELLING UNIT ON A LOT MEASURING 8,000 SF AND ZONED AS R-1 (LOW DENSITY RESIDENTIAL) (FILE INDEX NO. DAP-001-354).

WHEREAS, an application (File Index No. DAP 001-416) was filed with the City of

Colton by Jose Maldonado, (hereinafter “Applicant”) for a Variance to allow a front yard

wall/wrought Iron fence to be 7 feet, 4 inches in height instead of 4 feet high; to allow a side yard

wall along the east property line to be up to 8 feet, 6 inches in height instead of 6 feet in height;

wrought iron gate to be 8 feet 4 inches in height instead of 6 feet; and to allow approximately 30

percent landscaping in front setback instead of 80 percent landscaping on property measuring

approximately 4,215.5 square feet at 452 W. L Street within property zoned R-1 (Low Density

Residential) (hereinafter “Subject Property”); and

WHEREAS, on April 25, 2017, the Planning Commission of the City of Colton held a

duly noticed public hearing at which time all persons wishing to testify in connection with the

application were heard and the Application was fully examined; and

WHEREAS, pursuant to the Guidelines for the California Environmental Quality Act

(“CEQA”), the proposed project is Categorically Exempt under Article 19, Section 15301

(Existing Facilities), Class 1 of the State CEQA Guidelines.

NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION

OF THE CITY OF COLTON:

SECTION 1. Based on the entire record before the Planning Commission and all written and oral evidence presented, including the staff report, the Planning Commission makes the following findings in accordance with the Colton Municipal Code:

1. There are exceptional or extraordinary circumstances or conditions applicable to the

property involved, or to the intended use of the property, which do not apply generally to

other property in the same zoning district and neighborhood in which the property is located

in that the subject property is part of an older subdivision that created legal non-conforming

substandard lots with a restricted lot width and hilly topography that limits the ability to meet

the current development standards, including fence height and landscape coverage. The

narrow lot provides very little usable outdoor area; whereas the expanded patio compensates

for the reduced outdoor area. Based on this, the approval of this Variance will not set a

precedent for other properties in the R-1 Zone in that other properties on the same block have

similar fence such as at 456 and 469 W. L Street which are located on a lot with a street that

slopes in a downward easterly direction. 2. That such Variance is necessary for the preservation and enjoyment of a substantial property

right of the applicant. In this case, the Variance is necessary for the preservation and

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Colton Planning Commission Resolution No. R-16-17 Page 2 of 5

- 2 -

enjoyment of a substantial property right of the applicant to provide perimeter fencing and

allow reduction in front yard landscaping on property located in the R-1 Zone. There are

similar front yard fences in the neighborhood which is located on a hilly road and property

that is smaller, 4,215.5 square feet, than an average R-1 property lot size of 7,200 square feet.

The lot sizes in the neighborhood vary ranging in size from 3,750 square feet to 14,810 square

feet in area. The new fence and front yard landscaping allows for additional recreational area

to compensate for the narrow, sloping lot, and provides at least 214 square feet of green area

along the first 25 foot setback. The rear yard includes a driveway to the garages. 3. That the granting of the variance will not be materially detrimental to the public welfare or

injurious to property and improvements in the zoning district and neighborhood in which the

property is located. The granting of the Variance will not be materially detrimental to the

public welfare or injurious to property in the zoning district and neighborhood in which the

property is located in that the Variance application requests to allow the higher fences will

require that an engineered plan shall be provided and inspected by the City prior to final sign

off. The property will continue to have greenery and new drought resistant plants and pavers

to allow additional room for recreation to compensate to the narrow, substandard lot. This

area is not visible from the street because of the sloping street topography and proposed wall

height. Completion of the plan review, building inspections and Public Works review of any

grading, there should be no detrimental effects to the public welfare and the project will not

be injurious to the surrounding neighborhood.

4. That the granting of such a Variance will not be contrary to the objectives of the General

Plan. The subject site is located within an area designated as Low Density Residential in the

General Plan. Approval of the Variance on a nonconforming lot would be consistent with the

following policies of the General Plan Land Use Element: Policy LU‐1.6: Ensure that new development projects are compatible with permitted, well maintained uses and buildings in the surrounding neighborhood or district.

Policy LU‐5.1: Require the incorporation of energy conservation features into the design of all new construction and site development, as required by State law and local regulations.

Policy LU‐18.1: Preserve and maintain established single‐family homes in south Colton.

SECTION 2. The Planning Commission of the City of Colton, in accordance with the

California Environmental Quality Act, has found that the proposed project is Categorically

Exempt under Article 19, Section 15301 (Existing Facilities), Class 1 of the State CEQA

Guidelines.

SECTION 3. Based upon the findings set forth above, the Planning Commission hereby

approves this Variance, subject to the Conditions of Approval set forth in attached Exhibit “A” of

Resolution No. R-16-17.

SECTION 4. This action by the Planning Commission shall be final unless an appeal of

the action is filed with the city clerk’s office in writing, pursuant to Section 18.58.100 of the

Colton Municipal Code.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28


- 3 -

SECTION 5. This land use entitlement shall become null and void if not exercised

within one year of this approval and the Applicant has not been granted an extension of time by

the Planning Commission, pursuant to Section 18.58.070 of the Colton Municipal Code.

SECTION 6. The Secretary shall certify the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 25th day of April 2017.

Planning Commission Chairperson

Richard Prieto

ATTEST:

Planning Commission Secretary

Mark R. Tomich, AICP

I hereby certify that the foregoing is a true copy of a resolution adopted by the

Planning Commission of the City of Colton at a meeting held on April 25, 2017 by the following

vote of the Planning Commission:

AYES:

NOES:

ABSENT:

ABSTAIN:

Planning Commission Secretary

Mark R. Tomich, AICP

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28


- 4 -

EXHIBIT “A”

CONDITIONS OF APPROVAL

THE APPLICANT SHALL COMPLY WITH ALL CONDITIONS AS SET FORTH IN THE

FOLLOWING CONDITIONS OF APPROVAL FOR PLANNING CASE # DAP-001-416

HOLD HARMLESS

1. The Applicant shall defend, indemnify, and hold harmless the City of Colton and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Colton, its officers, employees, or agents to attacks, set aside, void, or annul any approval or condition of approval of the City of Colton concerning this project, including but not limited to any approval or condition of approval of the city council, planning commission, or 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

PLANNING DIVISION (909) 370-5079

2. This approval is for a Variance to allow for to allow a front yard wall/wrought Iron fence to

be 7 feet, 4 inches in height instead of 4 feet high; to allow a side yard wall along the east

property line to be up to 8 feet, 6 inches in height instead of 6 feet in height; wrought iron gate

to be 8 feet 4 inches in height instead of 6 feet; and to allow approximately 30 percent

landscaping in front setback instead of 80 percent landscaping zoned as R-1 (Low Density

Residential), as shown on the plans dated 4/03/17, by the Development Services Department.

3. Any requests for modifications, including any deviation from the approved plans and/or

conditions of approval, shall be submitted to the Development Services Director for review,

prior to implementation of the modification. Significant deviations from the approved plans or

conditions of approval shall be subject to review and approval by the Planning Commission.

The applicant requesting the modification shall supply information deemed necessary by the

Director and/or Commission to make a determination.

4. Prior to implementation of this approval, plans shall be submitted to the Development

Services Department for review and building permits and/or other appropriate permits shall be

obtained.

5. Any plans submitted for building plan check and construction plans for this project shall

contain an exact reproduction of these conditions of approval on one of its sheets.

6. The site operations shall be subject to the following:

a. The site shall be developed and maintained consistent with the approved plans and the

conditions of approvals.

b. The premises shall be kept clean and the operator of the establishment shall ensure that no

trash or litter originating from the site is deposited onto the neighboring properties or onto

the public right-of-way.

7. The site shall be developed and maintained consistent with the approved plans and the

conditions of approval.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28


- 5 -

8. The Applicant and/or Property Owner shall comply with all requirements of all reviewing

agencies and shall comply with all applicable local, state, and federal rules, laws and

regulations.

9. This action by the Planning Commission shall be final unless an appeal of the action is filed

with the City Clerk’s office in writing, pursuant to Section 18.58.100 of the Colton Municipal

Code.

10. The applicant shall complete building construction plans, obtain a building permit and

complete inspections by June 11, 2017.

11. This land use entitlement shall become null and void if not exercised within one (1) year of

this approval.

BUILDING

12 The applicant shall comply with the latest adopted edition of the following codes:

California Building Standards Code (Title 24, California Code of Regulations) Building Code

its appendices and standards. The 2016 edition of the California Codes became effective for

all permit applications submitted after January 1, 2017.

a. Building Code

b. Building Security Code

c. Electrical Code

d. Energy Efficiency Standards

e. Fire Code and its appendices and standards

f. Green Code

g. Mechanical Code and its appendices and standards

h. Plumbing Code and its appendices and standards

13. Applicant shall submit Structural design plans for proposed fence and combination wall to the

Building and Safety department for its review and permit issuance.

14. All property lines, easement lines, etc. shall be located and/or relocated in such a manner as to

not case the proposed structure to become non-conforming with the requirements of the latest

adopted edition of the Building Code, or any other applicable law, local ordinance, or code.

ELECTRIC DEPARTMENT:

15. General Conditions and Requirements: The project developer/applicant shall comply with all

customer service policies of the City of Colton Electric Utility Department. The developer

shall provide the Electric Utility with all information necessary to determine the project’s

electric service requirements; and if necessary and at their own expense, install all conduit and

vault systems associated with underground primary/service line extensions and street-lighting

as per the Electric Utility's approved design. Existing and proposed utility owned electric

lines within the project property will require utility easements. The developer shall pay all

charges associated with the Electric Utility’s cost to construct underground and overhead line

extensions and street-lighting.

ATTACHMENT 3

Fence Cross Sections

Documents

Planning Commission Staff Report - CivicPlus