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HomeMy WebLinkAbout00-32 - Resolutions RESOLUTION NO. 00-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE NO. 99-11 TO ALLOW WALLS UP TO APPROXIMATELY 21 FEET IN HEIGHT FOR FREEWAY NOISE MITIGATION PURPOSES WHERE A MAXIMUM HEIGHT OF SIX FEET IS ALLOWED LOCATED ON THE SOUTHWEST AND NORTHEAST CORNERS OF EAST AVENUE AND THE SOUTHERN PACIFIC RIGHT-OF-WAY IN THE LOW-MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE), AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-131-05 AND 227-141-11 AND 12. A. Recitals. 1. Ryland Homes has filed an application for the issuance of Variance No. 99-11 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 property located on both sides of East Avenue on the north and south sides of abandoned railroad right-of-way with a street frontage of 1,240 feet on East Avenue and lot depth of 600 to 1,300 feet and is presently vacant; and b. The property to the north of the subject site is vacant and developed with single family homes, the property to the south consists of vacant land and the 1-15 Freeway, the property to the east is vacant and the 1-15 Freeway, and the property to the west is vacant and developed with single family homes; and C. The increase in wall height is necessary to reduce noise from the 1-15 Freeway to an acceptable level for residential development; and d. The visual impact of the increase in wall height will be mitigated by providing a two- tone color scheme and decorative wall material. PLANNING COMMISSION RESOLUTION NO. 00-32 VAR 99-11 - RYLAND HOMES April 12, 2000 Page 2 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 result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code in that the only alternative to mitigate freeway noise without exceeding the six foot wall height limit would be to construct very high earthen berms which would severely limit the site area available for residential development. 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 in that the site is located adjacent to the 1-15 Freeway which generates substantial traffic noise. Freeway noise must be reduced to acceptable levels in order to permit residential development of the site consistent with noise thresholds established by the General Plan and the Development Code. 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 in that compliance with the six foot height limit would preclude the site from being developed in concert with the permitted land uses due to excessive freeway noise. 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 in that most other properties in the district are not equally impacted by the 1-15 Freeway noise. 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 in that for the most part the walls will not be completely visible to the public and the walls will have a two-tone color scheme with split faced and fluted block to soften their appearance. 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) Provide a two-tone color scheme with the darker color on the base of the walls. Additionally use a split face/fluted block design along with a vine planting at the base to mitigate visual impact of excessively high walls along the south and east boundaries of the Tract 15911 site. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF APRIL 2000. PLANNZION OF THE CITY OF RANCHO CUCAMONGA r BY: t Larry . McNiel, Chairman ATTEST: Br ull r, Sec to PLANNING COMMISSION RESOLUTION NO. 00-32 VAR 99-11 - RYLAND HOMES April 12, 2000 Page 3 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