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HomeMy WebLinkAbout04-07 - Resolutions RESOLUTION NO. 04-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE NO. DRC2003-00604 TO INCREASE WALL HEIGHTS FROM 6 FEET TO 13 FEET ON THE SOUTHERN PROPERTY LINE OF TENTATIVE TRACT MAP SUBTT16542 IN THE LOW RESIDENTIAL DISTRICT(2-4 DWELLING UINTS PER ACRE) OF THE ETIWANDA SPECIFIC PLAN, LOCATED AT 6717 EAST AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0227-071-24. A. Recitals. 1, J.T. Storm filed an application for Variance No. DRC2003-00604, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Design Review request is referred to as "the application." 2. On the 14th day of January 2004, the Planning Commission of the City of Rancho Cucamonga held a duly noticed public hearing to consider 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 January 14, 2004, 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 6717 East Avenue; and b. The properties to the north and south of the subject site are single-family residential, the property to the east is Etiwanda High School, and the property to the west is Vacant; and C. The applicant is requesting a Variance (DRC2003-00604) in conjunction with Tentative Tract Map SUBTT16542 and Development Review DRC2003-00602 for the expansion of the wall heights to allow up to a 13-foot high combination wall along to south property boundary(Lots 1-3, 5 and 6), in a residential zone where the Development Code allows a maximum height of 6 feet. d. Strict or literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship, in that limiting wall heights at the rear of the lots would create a double wall condition that would create a "no man's land,"with slopes that are hard to maintain and that would allow visibility into the rear yards. e. There are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to other properties in the same district, in that the property is surrounded by residential development. Creating a terrace wall design on-site would create a double wall condition that would create a "no man's land," with slopes that are hard to maintain and that would allow visibility into the rear yards. PLANNING COMMISSION RESOLUTION NO. 04-07 DRC2003-00604 - J.T. STORM January 14, 2004 Page 2 f. 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 it would essentially reduce the usable lot sizes for those lots on the south side of the property, and create a double wall condition that would create a "no man's land,"with slopes that are hard to maintain and that would allow visibility into the rear yards. g. 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 other properties with similar site and wall conditions would warrant the granting of a Variance. h. 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 the wall will be constructed per building code and with a decorative material to match existing perimeterwalls in the area. 3. Based upon the substantial evidence presented to this Commission during the above- referenced meeting on January 14, 2004, including written and oral staff reports, this Commission hereby specifically 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 (CEQA) 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 perimeter wall along the south property boundary shall be made of a decorative material, to the satisfaction of the City Planner. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 04-07 DRC2003-00604 - J.T. STORM January 14, 2004 Page 3 APPROVED AND ADOPTED THIS 14TH DAY OF JANUARY 2004. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Rich Macias, Chairman ATTEST: Brad cretary 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 14th day of January 2004, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, McNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE