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HomeMy WebLinkAbout05-10 - Resolutions RESOLUTION NO. 05-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2004-01289 FOR A REQUEST TO EXCEED THE 3-FOOT HEIGHT MAXIMUM FOR GARDEN WALLS WITHIN THE FRONT YARD SETBACK ALONG 19TH STREET IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE), LOCATEDAT 6700 INYO PLACE;AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1076-381-17. A. Recitals. 1. Joud Construction filed an application for the issuance of Variance DRC2004-01289, 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 9th day of February 2005, 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 9, 2005, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located at the southwest comer of 19th Street and Inyo Place with frontage of approximately 50 feet on 19th Street and frontage of approximately 140 feet on Inyo Place, and presently includes a residence under construction, and several matures trees; and b. The properties to the north, south, east, and west are existing single-family residential subdivisions; and C. The project proposes the construction of a solid 6-foot decorative block wall at an average setback of 5 feet off the back of the sidewalk along 19th Street and which encroaches into the required front yard setback by an average of 24 feet; and d. The north property line (19th Street) is considered the front property line per Section 17.02.140 of the Development Code; and e. The Engineering Department Driveway Policy prohibited this property driveway approach along the front (19th Street) property line, requiring the driveway to be placed within the comer side yard, along Inyo Place; and PLANNING COMMISSION RESOLUTION NO. 05-10 DRC2004-01289—JOUD CONSTRUCTION February 09, 2005 Page 2 f. The project as proposed with all applicable conditions enforced, will continue the existing streetscape treatments utilized in the immediate area by providing an upgraded wall and landscape treatments; and g. The 19th Street and Inyo Place frontages to the east of the subject property are developed with slumpstone walls; and h. The proposed wall would be a logical continuation of the existing 19th Street streetscape treatment. 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, in that placing the wall at the required 37-foot front yard setback would leave a large area of the applicant's front yard physically cut off from the house, creating an area that is impractical to maintain and difficult to safeguard; 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 subject property is the only comer lot in the vicinity which is orientated toward Inyo Place; 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 the orientation of the applicant's residence towards Inyo Place practically makes his front yard into a side yard, thus limiting his ability to shield the house from the vehicle and foot traffic along 19th Street; and d. That the granting of the Variance will not constitute a grant of special privileges inconsistent with the limitations on other properties classified in the same district, in that the other properties in the surrounding area are not orientated towards 19th Street; 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 the wall will be similar in design and setback to the existing walls at the comer of 19th Street and Inyo Place. 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 and in the attached Standard Conditions: PLANNING COMMISSION RESOLUTION NO. 05-10 DRC2004-01289 -JOUD CONSTRUCTION February 09, 2005 Page 3 Planning Department 1) The specific wall design, material, and landscape treatment for the 19th Street and Inyo Place streetscape areas shall be designed to match the treatment used by the adjacent Tract 12952. 2) Landscaping shall be planted between the wall and the sidewalk to the satisfaction of City Planner. Engineering Department 1) The proposed 6-foot block wall shall not block the "Line of Sight' for northbound Inyo Place traffic. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF FEBRUARY 2005. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: o Z,-� Rich Macias, Chairman ATTEST: Brad.Be S r ary 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 9th day of February 2005, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS McNIEL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: McPHAIL CO-MM`UNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2004-01289 SUBJECT: VARIANCE APPLICANT: JOUD CONSTRUCTION LOCATION: 6700 INYO PLACE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Data 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. B. Time Limits 1. Variance 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 Department,the conditions contained herein, Development Code regulations. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. SC-11-04 1 Project No.DRC2004-01289 Completion Date 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. A detailed landscape and irrigation plan,including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. The final design of the perimeter parkways,walls,landscaping,and sidewalks shall be included in the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Department. 3. Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuousty maintained by the developer. SC-1-04 2 is\planning\final\pingcomm\dre2004-01289std.cond. 02-9.doc