DATE: AUGUST 21, 2024
TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION
FROM: ANDREA GILBERT, CITY PLANNER
SUBJECT
PL24-0041.DM01 (Special Conditional Use Permit - Developer Modification): A request for a developer modification to reduce the rear setback of a previously approved 1,700 square foot, detached garage with a 765 square foot second story mezzanine for the storage of vehicles from 66 feet to 10 feet, located in the RD2 (Residential, 2 du/ac) zoning district at 5841 Equestrian Court (APN: 1020-421-10).titleend
RECOMMENDATION
Approve, by motion of the Planning Commission, PL24-0041.DM01 (Special Conditional Use Permit Developer Modification), an amendment to the originally approved Project.
BACKGROUND
On May 15, 2024, the Chino Planning Commission approved PL24-0041 (Special Conditional Use Permit) to allow the construction of a 1,700 square foot detached garage with a 765 square foot second story loft space for vehicle storage, located in the rear yard of an existing single-family lot. A Special Conditional Use Permit (SCUP) was required to be approved by the Planning Commission since the overall size of the structure exceeded 1,200 square feet and the height exceeded 20 feet. The approved detached garage is 2,465 square feet with an overall height of 25’-10” to the pitch of the roof. The proposed garage will be built for the existing property owners to store their personal vehicles with storage in the loft areas above and not used for commercial purposes. A condition of approval has been placed on the Project that requires a covenant of restriction to be recorded against the property that specifies that the garage must be used for the storage of vehicles and personal items by the owners or occupants of the residence, and cannot be used for commercial purposes, rented or converted for residential purposes. The project site is developed with an existing 1,600 square foot single family home, an 80 square foot front porch, and a 484 square foot garage attached by a breezeway. A 1,199 square foot Accessory Dwelling Unit (ADU) is approved to be constructed to the rear of the existing single-family home. After the SCUP was approved by the Planning Commission, the applicant, Juan Hernandez, noticed an error in the rear setback shown on his approved plan set and submitted a request to modify the SCUP to reduce the rear setback.
ISSUES/ANALYSIS
The applicant has submitted a request for a developer modification to reduce the rear setback of the detached garage in order to gain more usable back yard space for himself and his family. As approved, the garage was proposed 66 feet from the rear property line and the current request is to locate the garage 10 feet from the rear property line. The detached garage will still meet the minimum rear setback, as the Zoning Code establishes a minimum setback requirement of 10 feet for detached, non-habitable accessory structures over 14 feet in height. Other properties within the immediate neighborhood have constructed accessory structures in the rear yard with a comparable setback, including the adjacent property to the west and a property located on the north side of Equestrian Court.
Subject to the proposed changes, the proposed detached garage will still meet all requirements of the Chino Zoning Code, General Plan, and all conditions of approval placed on the SCUP will remain in effect. The overall site plan, floor plan, and elevations will remain consistent with the originally approved plans.
Public Notice
A 10-day notice was mailed to all property owners and occupants within a 300-foot radius of the project site. In addition, a notice was published in the Chino Champion on August 10, 2024, and the City sent information out on the City’s social media platforms. In response to the public notice, no comments have been received. The notice exceeds legal noticing requirements.
ENVIRONMENTAL REVIEW
Staff has performed a preliminary environmental assessment of this proposed project and has determined that it falls within the Class 3 Categorical Exemption set forth in California Environmental Quality Act (CEQA) Guidelines Section 15303, New Construction or Conversion of Small Structures, as the proposed project is for the construction of an accessory (appurtenant) structure. Furthermore, staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to the proposed project.
Attachments:
Exhibit “A” - Revised Plans
Exhibit “B” - Planning Commission Resolution No. PC2024-013
Exhibit “C” - Originally Approved Site Plan