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HomeMy WebLinkAbout00-94 - Resolutions RESOLUTION NO. 00-94 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING VARIANCE NO. 00-05 TO INCREASE WALL HEIGHT TO 10 FEET HIGH FOR SOUND ATTENUATION OF ROUTE 30 FREEWAY NOISE FOR FUTURE RESIDENTS WITHIN TENTATIVE TRACT 15866 ON 8 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT (2 TO 4 DWELLING UNITS PER ACRE), LOCATED AT THE SOUTHEAST CORNER OF MI LLIKEN AVENUE AND VINTAGE DRIVE, AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 225-251-47. A. Recitals. 1. Fieldstone Homes filed an application for the issuance of Variance No. 00-05 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 13th day of September 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 September 13, 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 at the southeast comer of Milliken Avenue and Vintage Drive with a street frontage.of 698 feet on Milliken Avenue and 450 feet on Vintage Drive and lot depth of 450 feet, and is presently vacant and improved with a small GTE facility ; and b. The properties to the north and east of the subject site are developed with single family homes within the Caryn Planned Community, the property to the south consists of the Route 30 Freeway now under construction, and the property to the west is developed with single family homes; and 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 reasonable alternative to mitigate freeway noise would be to construct an earthen berm which would absorb a substantial amount of land available for development. PLANNING COMMISSION RESOLUTION NO. 00-94 VAR 00-05— FIELDSTONE HOMES September 13, 2000 Page 2 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 increased wall height is necessitated by the site location adjacent to the Route 30 Freeway and a vast majority of land within the Low Residential District does not have such adjacency to the Freeway. 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 land within the Low Residential District not adjacent to the Route 30 Freeway is capable of being developed to the mid point of the permitted density range and other residential land that is adjacent to the Route 30 Freeway has been allowed to be developed with similarly high sound walls. 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 other residential land that is adjacent to the Route 30 Freeway has been allowed to be developed with similarly high sound walls. 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 the wall will be constructed with tan split face and fluted block to match other Route 30 Freeway sound walls and the wall is lower than most of the other Route 30 walls. 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. PLANNING DIVISION: 1) The sound wall along the south tract boundary shall have the tan split faced block with fluted block accent to match the adjoining Route 30 sound walls. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF SEPTEMBER, 2000. PLANNING CO ISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry Niel, Chairman ATTEST: Brad BOW, Secret PLANNING COMMISSION RESOLUTION NO. 00-94 VAR 00-05 — FIELDSTONE HOMES September 13, 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 13th day of September 2000, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MCNIEL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MANNERINO, TOLSTOY