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Home My WebLink About05-12 - Resolutions RESOLUTION NO. 05-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2004-00991, A REQUEST TO ALLOW A GREATER THAN 8-FOOT COMBINATION WALL ALONG THE SOUTH PROPERTY LINE FOR CERTAIN PARCELS IN A RESIDENTIAL ZONE WHERE THE DEVELOPMENT CODE ALLOWS A MAXIMUM HEIGHT OF 6 FEET, IN THE LOW-MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE) OF THE ETIWANDA SPECIFIC PLAN, LOCATED ON THE WEST SIDE OF ETIWANDAAVENUE,APPROXIMATELY 1,000 FEET SOUTH OF BASE LINE ROAD; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0227-171-5 THRU 07. A. Recitals. 1. Centex Homes filed an application for the issuance of Variance DRC2004-00991 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 23rd 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 23, 2005, including written and oral staff reports,togetherwith public testimony, this Commission hereby specifically finds as follows: a. The applicant is requesting a Variance (DRC2004-00991)for the expansion of the wall heights to allow up to an 11.3-foot high combination wall along to south property boundary, in a residential zone where the Development Code allows a maximum height of 6 feet. b. On January 14, 2004, the Planning Commission approved a Variance DRC2003-01012 along the south side of the subject for the expansion of wall height to allow up to 10.7-foot high combination wall. The Variance was necessary to increase wall heights to eliminate the need to construct 2:1 slopes that would create a "no man's land" which would lead to maintenance problems and would allow visibility into the rear yards from the Etiwanda Gardens banquet facility to the south. C. 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. PLANNING COMMISSION RESOLUTION NO. 05-12 VARIANCE DRC2004-00991 —CENTEX HOMES February 23, 2005 Page 2 d. 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 existing Etiwanda Gardens facility to the south, limits the creative capability of placing walls along the property boundaries. 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. e. 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. f. 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. g. 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 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. 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 COMMISSION RESOLUTION NO. 05-12 VARIANCE DRC2004-00991 —CENTEX HOMES February 23, 2005 Page 3 Planning Department: 1) All Conditions of Approval from Tentative Tract Maps SUBTT16301 and SUBTT16445 and Conditional Use Permit DRC2003-00682 that relate to this application shall apply with approval of this project. 2) Use slump stone block with decorative cap with no pilasters for the wall on the south side of the project, to the satisfaction of the City Planner. 3) If construction, such as for grading or block walls, results in damage or undermines the stability of newly planted vegetation that runs along the south end of the site, the vegetation shall be replaced by the applicant/developer subject to the permission of the property owner, and to the satisfaction of the City Planner. 4) All retaining walls visible to the public shall be made of a decorative wall material, subject to review and approval by the City Planner. 5) The applicant shall get permission from adjacent property owners for any off-site grading. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF FEBRUARY 2005. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Rich Macias, Chairman ATTES Brad , ecreta 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 23rd day of February 2005, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, McNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE