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HomeMy WebLinkAbout03-188 - Resolutions RESOLUTION NO. 03-188 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE NO. DRC2003-00985 FOR WALL HEIGHT IN EXCESS OF THE MAXIMUM CODE STANDARD ASSOCIATED WITH THE DEVELOPMENT OF TRACT 16612, LOCATED AT THE SOUTHWEST CORNER OF CHURCH STREET AND DAY CREEK BOULEVARD IN THE MIXED-USE MEDIUM RESIDENTIAL DISTRICT OF THE VICTORIA ARBORS VILLAGE OF THE VICTORIA COMMUNITY PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0227-201-37, 40, AND A PORTION OF 41. A. Recitals. 1. Charles Joseph Associates filed an application for the issuance of Variance No. DRC2003-00985 on behalf of DR Horton, 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 December 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 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 December 10, 2003, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at the southeast comer of Day Creek Boulevard and Church Street with a street frontage of approximately 800 feet along Day Creek Boulevard and approximately 820 feet along Church Street and is presently vacant land; and b. The Planning Commission approved Tentative Tract Map SUBTT16612 and the related Development Review DRC2003-00638 on November 12, 2003, on the subject property; and C. The property to the north of the subject site is single-family homes under construction, the properties to the south and east consist of vacant land in the Mixed Use/High Residential District, and the property to the west is the Southern California Edison Utility Corridor; and d. The Variance is requested for overall wall heights throughout the project that exceed the maximum allowed by the Development Code which is normally 6 feet for any combination of solid and open fences that are located in a portion of the front, side or rear of a residential lot; and PLANNING COMMISSION RESOLUTION NO. 03-188 DRC2003-00985— CHARLES JOSEPH ASSOCIATES December 10, 2003 Page 2 e. The retaining walls are used in combination with 6-foot wrought iron fencing, for a total fence height of up to 13 feet. The retaining walls are used along the perimeter of the project, which interfaces with the Southern California Edison corridor and regional trail, and on-site around the perimeter of the pool deck and where handicap ramping is necessary. The use of the retaining walls along this west property boundary allows the control of drainage on-site from flowing onto the Southern California Edison property. f. The proposed project is located in the Mixed-Use Medium Residential District of the Victoria Arbors Village of the Victoria Community Plan, and has been designed in accordance with all other standards and guidelines of the Development Code and the Victoria Community Plan along with the Victoria Arbors Village Master Plan and Design Guidelines. 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 because the Grading Plan has been designed to accommodate the varying and changing conditions along the perimeter of the site including interfacing with the Southern California Edison Corridor and Regional Trail, and over 1,600 feet of street frontage. 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 because the site has been designed to control the drainage of the project site from entering the Southern California Edison property. 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, because the proposed 3—7-foot retaining walls, in addition to the 6-foot wrought iron fence placed atop the retaining wall, resulting in overall wall/fence heights up to 13 feet in height, will provide the optimum relationship with the adjacent open space along the Southern California Edison Corridor which also includes a Regional Trial. 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 because the proposed project has been designed to minimize the impact of drainage of the proposed project on the adjacent open space/utility corridor. 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 (CEQA) of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15305 of the State CEQA Guidelines. PLANNING COMMISSION RESOLUTION NO. 03-188 DRC2003-00985— CHARLES JOSEPH ASSOCIATES December 10, 2003 Page 3 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 Variance shall expire if building permits are not issued within 5 years from the date of approval. No extensions are allowed. 2) The construction of the retaining walls and fences shall be in accordance with the Precise Plot and Grading Plan approved by Planning and Building and Safety Divisions for the issuance of the Precise Grading Permit. 3) All retaining walls shall be constructed of decorative material consistent with the architectural theme and building materials used within the project. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF DECEMBER 2003. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: O e Laft T. iel, Vice Chairman ATTEST: Brad Bu ecretary 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 December 2003, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, McNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS