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HomeMy WebLinkAbout04-127 - Resolutions RESOLUTION NO. 04-127 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE NO. DRC2004-00566 TO INCREASE WALL HEIGHTS ABOVE 8 FEET FOR SOUND ATTENUATION PURPOSES ALONG THE 210 FREEWAY IN THE LOW RESIDENTIAL DISTRICT, LOCATED ON THE NORTH SIDE OF THE 210 FREEWAY WESTBOUND OFF RAMP AT DAY CREEK BOULEVARD, AND THE WEST SIDE OF STABLE FALLS AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0225-161-19, 32, 33, AND 34. A. Recitals. 1. BCA Development, Inc. filed an application for the issuance of Variance No. DRC2004-00566, 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 8th day of December 2004, 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 8, 2004, including written and oral staff reports,togetherwith public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located north of the 210 Freeway westbound off ramp at Day Creek Boulevard, and the west side of Stable Falls Avenue, with an approximate street frontage of 400 feet and lot depth of 660 feet and is presently vacant; and b. The property to the north of the subject site is single-family residences on minimum 7,500 square foot lots, the property to the south consists of the 210 Freeway westbound off ramp, the property to the east is single-family residences on minimum 112 acre lots, and the property to the west is vacant; and C. The applicant has requested flexibility with the required wall height in order to construct sound attenuation walls to reduce traffic noise in compliance with City standards. Variances for similar wall heights were granted previously for surrounding tracts; and d. The project site is unusual because it is located adjacent to a freeway; and e. Without the Variance, the project would be deprived of privileges enjoyed by other owners within the same district to develop single-family residences, and to construct sound attenuation walls necessary to protect said homes from excessive traffic noise levels. The proposed PLANNING COMMISSION RESOLUTION NO. 04-127 DRC2004-00566— BCA DEVELOPMENT, INC. December 8, 2004 Page 2 wall heights are consistent with those on surrounding properties for which the Planning Commission has granted variances or that were constructed as part of the freeway; and f. Because the location of the site adjacent to a freeway is unique, the proposed project will be in the spirit of other variances that have been approved in the general area; and g. Granting of the Variance will not be detrimental to the public health, safety, or welfare or be materially injurious to properties or improvements in the vicinity. On the contrary, granting of the variance will reduce noise levels to levels consistent with City standards; hence, prevent exposure of residents to excessive noise levels. 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 not 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 Department 1) The wall shall be constructed to match the materials,colors,and design of the adjoining freeway sound attenuation walls. 2) 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 PLANNING COMMISSION RESOLUTION NO. 04-127 DRC2004-00566— BCA DEVELOPMENT, INC. December 8, 2004 Page 3 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. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF DECEMBER 2004. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA r BY: Lafry T. Mr 1Vice Chairman ATTEST: Brad Bdl ecrtary 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 8th day of December 2004, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, McNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS