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HomeMy WebLinkAbout01-75 - Resolutions RESOLUTION NO. 01-75 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2001-00211 TO ALLOW WALLS UP TO APPROXIMATELY 17 FEET IN HEIGHT FOR FREEWAY TRAFFIC NOISE MITIGATION PURPOSES, LOCATED AT THE SOUTHEAST CORNER OF EAST AVENUE AND VICTORIA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 227-141-42, 44, 46, 65, AND A PORTION OF 71 A. Recitals. 1. Concordia Homes has filed an application fora Variance DRC2001-00211 for Tentative Tract SUBTT16189 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application." 2. On July 11, 2001, the Planning Commission 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 substantial evidence presented to this Commission during the above-referenced public hearing on July 11, 2001, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located at the southeast comer of East Avenue and Victoria Street, with a street frontage of 497.15 on East Avenue and 1,030.92 on Victoria Street and is presently vacant; and b. The property to the north of the subject site is vacant. The property is bounded by East Avenue to the west, Victoria Street to the north, the 1-15 freeway to the east and Tract 15911 to the south; and C. The increase in wall height is necessary to reduce noise from the 1-15 Freeway to an acceptable level for residential development. A variance for similar wall heights was approved and walls are under construction in the adjoining tract to the south; 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. 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 PLANNING COMMISSION RESOLUTION NO. 01-75 VAR DRC2001-00211 —CONCORDIA JUNE 11, 2001 Page 2 the Development Code and the Etiwanda Specific Plan, in that the only alternative to mitigate freeway noise without exceeding the 6-foot wall height limit would be to construct very high earthen berms which would severely limit the site area available for residential development; and b. That there would be 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; and C. The 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 6-foot height limit would preclude the site from being developed in concert with the permitted land uses due to excessive freeway noise; and 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; and 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 with a vine planting at the base to mitigate visual impact of excessively high walls along the western boundary of the Tract SUBTT16189 site. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 11TH DAY OF JULY 2001. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA =BY: � Larry T. c iel, Chairman ATTEST: Brad Bul , ecretary PLANNING COMMISSION RESOLUTION NO. 01-75 VAR DRC2001-00211 — CONCORDIA JUNE 11, 2001 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 11th day of July 2001, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE