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Home My WebLink About02-60 - Resolutions RESOLUTION NO. 02-60 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING VARIANCE DRC2002- 00246 TO ALLOW UP TO A 12.5-FOOT HIGH RETAINING WALL IN CONJUNCTION WITH A 16-FOOT HIGH CALTRANS SOUND WALL WHERE A MAXIMUM 8-FOOT WALL HEIGHT IS PERMITTED FOR A COMMERCIAL CENTER ON 2.7 ACRES .OF LAND IN THE OFFICE/PROFESSIONAL DISTRICT, LOCATED ON THE SOUTHWEST CORNER OF HAVEN AVENUE AND ALTA LOMA DRIVE, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 201-262-30 AND 40. A. Recitals. 1. Panorama Development filed an application forthe issuance of Variance DRC2002-00246 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 10th day of July 2002, 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 July 10, 2002, 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 the southwest comer of Haven Avenue and Alta Loma Drive; and b. The property is rectangular in shape with a street frontage of approximately 799 feet along Alta Loma Drive and 238 feet along Haven Avenue; and C. The property is vacant with 13 mature trees that are proposed to be removed as part of the development; and d. The property to the north of the subject site is the proposed Tutor Time Learning Center and improved with a drive-thru Walgreen's Pharmacy, the property to the south is the future SR 210 Freeway, the property to the east is improved with the Haven Village Shopping Center, and the property to the west is improved with single-family homes; and e. The project will require the importation of 24,600 cubic yards of soil; and 1 PLANNING COMMISSION RESOLUTION NO. 02-60 VARIANCE DRC2002-00246 — PANORAMA DEVELOPMENT July 10, 2002 Page 2 f. A Conditional Use Permit(DRC2002-00018) is proposed for the development of a 3,248 square foot convenience store with gasoline dispensing; a 2,570 square foot fast food restaurant with drive-thru; and 3,600 square feet of other retail space with drive-thru capability; and g. A 16-foot high Caltrans sound wall made of split face block with a fluted cap runs along the western half of the southern property boundary. 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. The Planning Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15305 of the State CEQA Guidelines. •5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the attached Standard Conditions upon development of the project. Planning Division 1) The final design of the retaining wall shall be to the satisfaction of the City Planner. The design of the retaining wall shall be coordinated with the design of the freeway sound wall in order to provide a smooth visual transition along the surface of the wall. 2) The wrought iron fence on top of the retaining wall shall be designed with pilasters and cap to the satisfaction of the City Planner. 3) All pilasters shall be a minimum of 30 inches by 30 inches in size. PLANNING COMMISSION RESOLUTION NO. 02-60 VARIANCE DRC2002-00246— PANORAMA DEVELOPMENT July 10, 2002 Page 3 Engineering Division 1) All Conditions of Approval for Conditional Use Permit DRC2002-00018 shall apply. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF JULY 2002. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA ` i BY: C4 Larry Niel, Chairman ATTEST: rad By! creta 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 10th day of July 2002, by the following vote-to-wit: AYES: COMMISSIONERS: MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: VARIANCE DRC2002-00246 SUBJECT: 12.5-FOOT RETAINING WALL FOR LOS OSOS PLAZA APPLICANT: PANORAMA DEVELOPMENT LOCATION: SOUTHWEST CORNER OF HAVEN AVENUE AND ALTA LOMA DRIVE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Dace 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. A copy of the signed Resolution of Approval or City Planner's letter of approval, and all Standard Conditions, shall be included in legible form on the grading plans, building and construction plans, and landscape and irrigation plans submitted for plan check. B. Time Limits 1. Conditional Use Permit, Variance, or Development/Design Review approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations. SC-02-02 1 Project No.DRC2002-00246 Completion Date 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the City Planner. 3. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for City Planner review and approval prior to the issuance of building permits. 4. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced,whichever comes first. 5. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. D. Landscaping 1. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Division. E. Environmental 1. Mitigation measures are required for the project. The applicant is responsible for the cost of implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of $719.00 prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. SC-02-02 2