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HomeMy WebLinkAbout01-10 - Resolutions RESOLUTION NO. 01-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING VARIANCE NO. 00-09 TO ALLOW RETAINING WALLS APPROXIMATELY 10 FEET IN HEIGHT WHERE A MAXIMUM OF 4 FEET IS ALLOWED, AND SLOPE GRADIENTS OF APPROXIMATELY 1.5:1 WHERE A MAXIMUM GRADIENT OF 2:1 IS ALLOWED FOR 20 LOTS WITHIN APPROVED TRACT 10035 ON 15.7 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE), LOCATED ON THE SOUTH SIDE OF CAMINO PREDERA, SOUTH OF RED HILL COUNTRY CLUB DRIVE,AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 207-641-01 THROUGH 10 AND 207-631-01 THROUGH 11 A. Recitals. 1. Concordia Homes filed an application for the issuance of Variance No. 00-09 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application." 2. On January 10, and continued to January 24, 2001, 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 bythe 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 January 10, and January 24, 2001, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located along the south side of Camino Predera with a street frontage of 3,300 feet and lot depth of 260 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 abandoned rail corridor(future regional multi-purpose trail), the property to the east is developed with single family homes, and the property to the west is vacant and developed with condominiums; and C. Absolute compliance with the maximum slope gradients and retaining wall heights per the Hillside Development Regulations would cause a physical hardship for the property owner due to the steepness and topography of the site as well as the size and shape of the existing lots of record; and PLANNING COMMISSION RESOLUTION NO. 01-10 VA 00-09 CONCORDIA HOMES JANUARY 24, 2001 Page 2 d. There are exceptional circumstances applicable to the subject property that do not apply to a majority of other properties in the Low Residential District which have much lesser slopes and less drastic topography; and e. Strict interpretation of the maximum slope gradient and retaining wall height would deprive the property owner of development privileges enjoyed by other properties in the Low Residential District which are able to take full development potential with normal and reasonable grading and construction practices; and f. The Variance will not constitute a grant of special privilege as it accommodates reasonable and provident use of the land with homes of reasonable size in conformance with the density provisions of the district; and g. Specialized and sophisticated grading and construction methods as well as intensified landscaping will prevent any detrimental affects to the public health, safety, or welfare. h. Retaining walls are necessary to lower house pad grades to minimize impact upon viewshed of existing homes to the north. 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. 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. 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. 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. 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. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the application. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF JANUARY 2001 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO. 01-10 VA 00-09 CONCORDIA HOMES JANUARY 24, 2001 Page 3 BY: Larry VIcNiel, Chairman ATTEST: rad Bull r cretary 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 24th day of January 2001, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART NOES: COMMISSIONERS: TOLSTOY ABSENT: COMMISSIONERS: NONE