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HomeMy WebLinkAbout00-34 - Resolutions RESOLUTION NO. 00-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE NO. 00-01, A REQUEST TO INCREASE THE WALL HEIGHT TO 12 FEET, ALONG THE SOUTHERN BOUNDARY OF TRACT 13759, WHERE THE DEVELOPMENT CODE ALLOWS A MAXIMUM WALL HEIGHT OF 6 FEET, IN CONJUNCTION WITH THE DEVELOPMENT OF 56 SINGLE-FAMILY HOMES, LOCATED IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE) ON THE WEST SIDE OF HAVEN AVENUE, EAST SIDE OF CENTER AVENUE, AND NORTH OF THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1076-301-20 THROUGH 75. A. Recitals. 1. Forecast Homes has filed an application for the issuance of Variance No. 00-01 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application." 2. On the 12th day of April 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing on April 12, 2000, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to Tract Map 13759, located on the west side of Haven Avenue, east side of Center Avenue, and north of the Southern Pacific Railroad right-of-way, and is presently unimproved; and b. The properties to the north and west are vacant and are a part of the San Bernardino Flood Control Channel. The properties to the south and east consist of single-family and mobile homes; and C. The applicant has submitted a Variance Application requesting to increase the wall height along the southern boundary of the project(adjacent to the Southern Pacific Railroad right-of- way) to 12 feet where the Development Code allows a maximum wall height of 6 feet; and d. That the Variance as specified in the application will not be detrimental to the goals and objectives of the General Plan or Development Code and will not promote detrimental PLANNING COMMISSION RESOLUTION NO. 00-34 VAR 00-01 — FORECAST HOMES April 12, 2000 Page 2 conditions to the persons or properties in the immediate vicinity on the subject site for the reasons that follow: 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That strict or literal interpretation and enforcement of the specified regulations would not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code. • The natural slope of the site combined with the existing street grades poses a physical constraint to the grading concept of the site. In order for the lots along the south boundary of the project site to properly drain onto La Vine Street, the pad grades have to be raised, which results in the use of a 6-foot retaining wall. In addition, La Vine Street cannot be lowered to reduce the height of the retaining wall because of the existing sewer line in the street and the tie-in at Center Avenue. Therefore, without the Variance, an unnecessary physical hardship for the applicant would be created. b. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district. • The site is adjacent to the railroad right-of-way, which poses a physical constraint that does not generally apply to other properties in the same district. C. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. • The proposed 12-foot wall height is necessary in order to ensure that future homeowners enjoy the privilege of having a privacy and security wall. Without the Variance, future homeowners would be deprived of privileges enjoyed by other homeowner within the same district. d. That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. • Because most properties in the same district are not equally impacted by railroad right-of-way, the granting of the Variance will not set a precedent. e. That the granting of the Variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. • Granting of the Variance will not be detrimental to the public health, safety, or welfare but, conversely, provide a security and privacy wall for the future homeowners. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the application subject to each and every condition set forth below. a. Variance approval shall expire if building permits are not issued within 5 years from the date of approval. PLANNING COMMISSION RESOLUTION NO. 00-34 VAR 00-01 — FORECAST HOMES April 12, 2000 Page 3 b. The wall shall be constructed with a decorative textured block of a dark color, for the lower retaining portion with a lighter color decorative block on top, subject to City Planner approval. In addition, climbing vines are required along the south face of the wall. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF APRIL 2000. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA r BY: C Larry, cNiel, Chairman ATTEST: rad Bul ecreta I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12th day of April 2000, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE