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HomeMy WebLinkAbout03-23 - Resolutions RESOLUTION NO. 03-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING VARIANCE DRC2003- 00062 TO ALLOW WALLS UP TO APPROXIMATELY 23 FEET IN HEIGHT FOR FREEWAY NOISE MITIGATION PURPOSES WHERE A MAXIMUM HEIGHT OF 6 FEET IS ALLOWED, LOCATED ON THE EAST SIDE OF EAST AVENUE, NORTH OF THE 1-15 FREEWAY IN THE MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE) OF THE ETIWANDA SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 227-141-14 AND 66. A. Recitals. 1. American Pacific Homes filed an application for the issuance of Variance No. DRC2003-00062, 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 26th day of February 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 February 26, 2003, including written and oral staff reports,togetherwith public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located on the east side of East Avenue, north of the 1-15 Freeway with a street frontage of 610 feet and lot depth of 1,008 feet and is presently vacant; and b. The property to the north of the subject site is the former Pacific Electric Railroad right-of-way, the property to the south consists of the 1-15 Freeway, the property to the east is the I-15 Freeway, and the property to the west across East Avenue is single-family residential; and C. The increase in wall height is necessary to reduce noise from the 1-15 Freeway to an acceptable level for residential development; 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: PLANNING COMMISSION RESOLUTION NO. 03-23 DRC2003-00062 - AMERICAN PACIFIC HOMES February 26, 2003 Page 2 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 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 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 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. 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 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, split-face block, fluted block on the upper course, and split-face cap to soften their appearance. 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: Planning Division 1) The design and materials shall match existing sound walls to the north including a two-tone color scheme with the darker color on the base of the walls. Additionally, use a split-face/fluted block design, split- face/fluted block design, a decorative cap, and a vine planting at the base to mitigate visual impact of excessively high walls along the southern, eastern, and a portion of the northern property line of Tract 16335. 2) The design shall include a"step down"transition to standard wall height at ends of sound walls to the satisfaction of the City Planner. PLANNING COMMISSION RESOLUTION NO. 03-23 DRC2003-00062 -AMERICAN PACIFIC HOMES February 26, 2003 Page 3 3) The applicant shall submit certification from an acoustical engineer that all recommendations of the acoustical report were implemented in construction, including measurements of interior and exterior noise levels to document compliance with City standards. Certification shall be submitted to the Building and Safety Division, prior to final occupancy release of the affected homes. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 26TH DAY OF FEBRUARY 2003. PLANNING COMMISSION:=NCHO CUCAMONGA BY: ZZ7-/ - Rich Macias, Vice Chairman ATTEST: Brad Bu S reta 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 26th day of February 2003, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MCNIEL