HomeMy WebLinkAbout03-06 - Resolutions RESOLUTION NO. 03-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE
DRC2002-00592, A REQUEST TO INCREASE THE MAXIMUM WALL
HEIGHT FROM 6 FEET UP TO A MAXIMUM 14.5 FEET ON 6.85 ACRES OF
LAND IN THE LOW RESIDENTIAL DISTRICT(2-4 DWELLING UNITS PER
ACRE) OF THE ETIWANDA NORTH SPECIFIC PLAN IN THE RANCHO
ETIWANDA PLANNED DEVELOPMENT, LOCATED AT THE SOUTHEAST
CORNER OF DAY CREEK BOULEVARD AND VINTAGE DRIVE, AND
MAKING FINDINGS IN SUPPORT THEREOF -APN: 225-161-76 AND 77.
A. Recitals.
1. Rancho Etiwanda 685, LLC filed an application for the issuance of Variance
DCR2002-00592, as described in the title of this Resolution. Hereinafter in this Resolution, the
subject Variance request is referred to as "the application."
2. On December 11, 2002, and continued to January 8, 2003, 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 December 11, 2002, and January 8, 2003, including written and oral
staff reports, together with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to Tentative Tract Map SUBTT16306, a subdivision located
at the southeast comer of Day Creek Boulevard and Vintage Drive, which has a significant north to
south grade differential between the adjacent properties; and
b. The property to the north of the subject site is vacant and is zoned Low Residential;
the property to the south is the Route 210 Freeway; the properties to the east are developed with
single-family residences; the property to west is vacant and is zoned Low Residential; and
C. The application applies to Tentative Tract Map SUBTT16306, a subdivision of
26 lots for single-family development; and
d. The Variance request is to increase the maximum allowable wall height from 6 feet
to 14.5 feet; and
e. Literal enforcement of the wall height limit would cause a physical hardship and
practical difficultly for development of the property due to the presence of an 8.5-foot grade
difference between the subject property and the adjacent properties along the subdivision's east and
south boundaries. Without the higher wall, the lots would drain onto adjoining properties creating a
PLANNING COMMISSION RESOLUTION NO. 03-06
VARIANCE DRC2002-00592 — RANCHO ETIWANDA 685, LLC
January 8, 2003
Page 2
flooding problem, and a downslope maintenance problem would be created that would be difficult to
maintain by the upslope property owner; and
f. There are exceptional circumstances applicable to the subject property that do not
apply to a majority of other properties in the immediate surrounding area due to the narrow property
width, the 8.5-foot grade difference between the subject property and the adjacent properties along
the subdivision's east and south boundaries, the elevated 210 freeway, a westbound off-ramp, and
Day Creek Boulevard, which have the cumulative effect of amplified sound, thereby creating
exceptional circumstances with regard to achieving sound attenuation; and
g. Literal enforcement of the wall height limit would deprive the applicant of
development enjoyed by other properties in the Low Residential District, by requiring the applicant to
significantly alter the proposed design of the subdivision, by using alternative design and
construction methods that are not feasible for the subject property and have not been required of
other properties in the Low Residential District within the Rancho Etiwanda Planned Development;
and
h. The granting of the Variance will not constitute a special privilege because there are
unique site conditions (i.e., shape and topography), and the granting of the Variance will not
constitute a special privilege inconsistent with the limitations on other properties in the same zone in
that Variances for wall heights for sound attenuation purposes have been granted for other
subdivisions that abut the 210 Freeway; and
i. Granting of the Variance will not be detrimental to the public health, safety or
welfare; but conversely, will provide the necessary drainage to protect downstream properties from
flooding, eliminate a difficult downslope to maintain, and will provide the necessary sound
attenuation required for the subdivision to adequately meet the required interior and exterior noise
level standards for properties in the Low Residential District.
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; and
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; and
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; 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; 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.
PLANNING COMMISSION RESOLUTION NO. 03-06
VARIANCE DRC2002-00592 — RANCHO ETIWANDA 685, LLC
January 8, 2003
Page 3
4. The Planning Commission hereby finds and determines that the Variance 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, and 3 above, this
Commission hereby approves the application subject to each and every condition set forth below:
1) Variance approval shall expire if building permits are not issued within 5
years from the date of approval.
2) All perimeter walls, and all walls exposed to public view shall be
decorative. Perimeter walls fronting Day Creek Boulevard, the
Route 210 Freeway, and Vintage Drive shall adhere to the approved
wall design and materials palette for Day Creek Boulevard and Rancho
Etiwanda, including, but not limited to, river rock pilasters.
3) All applicable Conditions of Approval per Resolution No. 03-05
approving Tentative Tract Map SUBTT16306 shall apply.
4) The perimeter wall shall be constructed in accordance with height and
location recommendations made in the acoustical reports by Mestre
Greve Associates dated June 24, and October 15, 2002.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 8TH DAY OF JANUARY 2003.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
r
BY: ''
Lar ie , ( hairman
ATTEST: /
Dan Coleman, Acting Secretary
I, Dan Coleman,Acting 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 8th day of January 2003, by the following vote-to-wit:
AYES: COMMISSIONERS: MACIAS, MCNIEL, STEWART, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT#: DRC2002-00592
SUBJECT: 14.5-FOOT COMBINATION RETAINING/FREESTANDING WALL FOR SUBTT16306
APPLICANT: RANCHO ETIWANDA 685, LLC
LOCATION: SOUTHEAST CORNER OF DAY CREEK BOULEVARD AND VINTAGE 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. Copies of the signed Planning Commission Resolution of Approval No. 03-06, Standard
Conditions, and all environmental mitigations shall be included on the plans (full size). The
sheet(s) are for information only to all parties involved in the construction/grading activities
and are not required to be wet sealed/stamped by a licensed Engineer/Architect.
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, and
Development Code regulations.
SC-08-02 1
Project No.DRC2002-00592
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.
SC-08-02 2