HomeMy WebLinkAbout08-43 - Resolutions RESOLUTION NO. 08-43
A RESOLUTION OFTHE PLANNING COMMISSION OFTHE CITYOF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING MINOR EXCEPTION
DRC2007-00048, A REQUEST TO INCREASE THE HEIGHT OF A
GARDEN/RETAINING WALL TO A MAXIMUM OF 7 FEET 8 INCHES, IN THE
MIXED USE (MU) RESIDENTIAL DISTRICT, LOCATED AT THE NORTHWEST
CORNER OF VICTORIA PARK LANE AND LONG MEADOW DRIVE; AND
MAKING FINDINGS IN SUPPORT THEREOF - APN: 0227-171-29 AND 30.
A. Recitals.
1. Cucamonga 220 L.P.filed an application forthe approval of Minor Exception DRC2007-00048,
as described in the title of this Resolution. Hereinafter in this Resolution, the subject Minor Exception
request is referred to as "the application."
2. On the 27th day of August 2008,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 August 27, 2008, 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 on the west side of Victoria Park Lane,
with a street frontage of approximately 680 feet on Long Meadow Drive and lot depth of approximately
350 feet, and is presently vacant land; and
b. The existing topography slopes from north to south; and
C. The property to the east, across Victoria Park Lane of the subject site is developed with
single-family residences and is zoned Low-Medium Residential; the property to the south, across Long
Meadow Drive is developed with single-family residences and is zoned Low-Medium Residential; the
property to the west is Victoria Arbors Park and the wetlands; and the property to the north is developed
with single-family residences and is zoned Low-Medium Residential; and
d. The applicant proposes subdividing the lots into 31 lots for the future construction of
single-family residences.
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, without an increase in the wall height requirement,the applicant would have
PLANNING COMMISSION RESOLUTION NO. 08-43
DRC2007-00048— CUCAMONGA 22 L.P.
August 27, 2008
Page 2
physical hardship and practical difficulty for development of the property because of the grade difference
between the development and the park and wetlands. Without an increase, that is allowed by
Section 17.04.050 of the Rancho Cucamonga Municipal Code and approval of this application,to the wall
heights along the rear yards of Lots 14 through 16 and the side yards of Lots 3 and 4,the applicant would
not enjoy the same privilege as adjacent property owners, which would be inconsistent with the intent 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. In that,the subject property is located adjacent to Victoria Arbors Park and the wetlands,
and the existence of the current grade differences between the project, park, and the wetlands create an
exceptional circumstance that necessitates a combination retaining wall and garden wall to provide a level
of privacy enjoyed by others in the area.
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,
without the increase in height of the walls, Lots 3 and 4 and 14 through 16 would be deprived of providing
privacy in the rear yards that is enjoyed by other lots in this subdivision and surrounding areas. The
Development Code allows for a 2-foot increase in wall height with this application and the applicant is
requesting the wall height to be increased by 1 foot 8 inches.
d. That the granting of the Minor Exception will not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same district. In that, granting the
increase in wall heights between properties with this application because of differences in grade between
the properties has been granted in other subdivisions throughout the City.
e. That the granting of the Minor Exception will not be detrimental to the public health,
safety, or welfare or materially injurious to properties or improvements in the vicinity. In that,the increase
in wall height will conversely provide the means to promote public safety and welfare by providing privacy
and security for the residences from access to the wetlands and the park.
4. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA
Guidelines, City staff has determined that the project is categorically exempt from the requirements of the
California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a
Class 3 exemption under State CEQA Guidelines Section 15303(e)which covers the new construction or
conversion of small structures-setbacks. Because the project only proposes an increase in wall height of
1 foot 8 inches, staff finds that there is no substantial evidence that the project will have a significant effect
on the environment.
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
1) The wall heights shall not exceed 7 feet 8 inches from the finished grade
along the west property lines of Lots 3 and 4 and along the rear lot lines of
Lots 14 through 16.
PLANNING COMMISSION RESOLUTION NO. 08-43
DRC2007-00048 — CUCAMONGA 22 L.P.
August 27, 2008
Page 3
2) The walls shall be designed to both be consistent in material and colors with
the architecture of the project and reflect the overall Victoria Arbors theme.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 27TH DAY OF AUGUST 2008.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: Y
Richard B. Fletcher, Chairman
ATTEST:
Ja s R. Troyer, AICP, Secr9tary
I, James R. Troyer, AICP, 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 27th day of August 2008, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE