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HomeMy WebLinkAbout11-44 - Resolutions RESOLUTION NO. 11-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DRC2011-00168, A REQUEST TO CONSTRUCT PROPERTY LINE WALLS UP TO 9 FEET HIGH DUE TO A GRADE DIFFERENCE BETWEEN THE PROJECT SITE AND THE EXISTING LOTS TO THE SOUTH RELATED TO DEVELOPMENT REVIEW DRC2010-00960; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0210-062-08. A. Recitals. 1. Lewis Investment Company, LLC filed an application for the approval of Variance DRC2011-00168, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 14th day of September 2011, 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 September 14, 2011, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The 18.7 acre site is located on the southwest corner of Archibald Avenue and 6th Street and is within the Low-Medium (LM) Development District. b. North (across 6th Street) of the site are single-family residences within the Low (L) Development District; to the south are single-family residences within the Low-Medium (LM) Development District; to the east (across Archibald Avenue) are light industrial buildings within the General Industrial (GI) Development District; and, to the west is a community park. C. The site is covered with remnant grape vines and 17 trees of various species; and The Variance is required in order to permit up to 9-foot high walls along the south property line due to an approximately 5 foot grade difference between the project site and a number of the existing lots to the south. 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: PLANNING COMMISSION RESOLUTION NO. 11-44 VARIANCE DRC2011-00168 LEWIS INVESTMENT COMPANY, LLC SEPTEMBER 14, 2011 Page 2 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 the City has a policy of discouraging the placement of new walls directly adjacent to existing walls. It is also City policy to have 6-foot high solid block walls at the perimeter of residential developments. There is a grade difference between the project site and the existing single-family residences to the south. Without approval of the Variance, the new wall would be less than six feet as seen from the project site, reducing the level of privacy for the new residents and creating an unnecessary physical hardship. 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 there is grade difference between the project site and the existing single-family residences to the south. Without the Variance, the applicant would be limited constructing walls that would appear to be less than 6 feet in height, which would be out of character with other single-family residences 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 six foot high property line walls are required between newly developed residentially zoned properties. The grade difference between the project site and the existing lots to the south precludes the applicant from constructing walls this height and the future property owners from securing their lots, a privilege enjoyed by other property owners in the area. 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. In that the additional wall height will allow the applicant to construct a single property line wall rather than having a gap between the existing and proposed walls. The new wall will have a maximum height of 6 feet on the project side of the wall, which is consistent with the other residential properties in the surrounding area. 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 additional wall height will create a level of privacy in the rear yards of the affected lots that is in keeping with other residential lots in the area and will meet all related City requirements. 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. PLANNING COMMISSION RESOLUTION NO. 11-44 VARIANCE DRC2011-00168 LEWIS INVESTMENT COMPANY, LLC SEPTEMBER 14, 2011 Page 3 b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. C. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 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 Standard Conditions, attached hereto and incorporated herein by this reference. Planninq Department 1) Approval is for a Variance to construct south property line walls up to 9 feet tall related to Development Review DRC2010-00960 for a site located at the southwest corner of Archibald Avenue and 6th Street - APN: 0210- 062-08. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF SEPTEMBER 2011. PLANNING MI ION OF CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman ATTEST: ///" R-- jxptl/� Jamese. Troyer, AlP, Secretary PLANNING COMMISSION RESOLUTION NO. 11-44 VARIANCE DRC2011-00168 LEWIS INVESTMENT COMPANY, LLC SEPTEMBER 14, 2011 Page 4 I, James R. Troyer, AICP of the 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 September 2011. AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL; MUNOZ: WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: OAXACA ABSTAIN: COMMISSIONERS: NONE Rancho Cucamonga Fire Protection District - ` ' Fire Construction Services STANDARD CONDITIONS June 2, 2011 Lewis Investments Company Harvest Community Tract 18804 SEC Archibald & 6th St. SUBTT18804 & DRC2010-00960 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. FSC-1 Public and Private Water Supply 1. The private water supply and fire hydrants shall be design in accordance with RCFPD Standard 5-10 and the 2010 California Fire Code. 2. Public water supply and fire hydrants shall be design in accordance with the RCFPD Standard 5- 10, the 2010 California Fire Code and the Cucamonga Valley Water District. FSC-2 Fire Flow 1. The required fire flow for this project will be determined in gallons per minute at a minimum residual pressure of 20-pounds per square inch when the structure size for the development is known. This requirement is made in accordance with Fire Code Appendix, as adopted by the Fire District Ordinances. 2. Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. 3. Fire protection water plans are required for all projects that must extend the existing water supply to or onto the site. Building permits will not be issued until fire protection water plans are approved. 4. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. FSC-6 Fire District Site Access Fire District access roadways include public roads, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access — Fire Lanes Standard #5-1 and the 2010 California Fire Code for specific requirements. 1. Residential gates installed across Fire District access roads shall be installed in accordance with RCFPD Residential Gate Standard #5-3. 2. Fire Lane Identification: Red curbing, pavement marking and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for review and approval. FSC-9 Single-family Residential Sales Model homes require approved Fire District vehicle access and water supply from a public or private water main system before construction. FCS-10 Fire Sprinklers All living facilities must be equipped with automatic fire sprinklers in accordance with NFPA 13D FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the $92 review fee. FCS-15 Annexation of the parcel map: Annexation of the parcel map into the Community Facilities District #85-1 or#88-1 is required prior to the issuance of grading or building permits. Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to the issuance of any building permits: 1. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the. review and approval by the Fire District and CCWD. On ,the plan, show all existing fire hydrants within a 600-foot radius of the project. Please reference the RCFPD Standard #5-10. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a water supply clearance before lumber is dropped on site (except form lumber). 2. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #14-1. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. 3. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. PRIOR TO OCCUPANCY OR FINAL INSPECTION — Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Public/Public Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. 3. Address: Prior to the granting of occupancy, single-family dwellings shall post the address with minimum 4-inch numbers on a contrasting background. The numbers shall be internally or externally illuminated during periods of darkness. The numbers shall be visible from the street. When building setback from the public roadway exceeds 100-feet, additional 4-inch numbers shall be displayed at the property entry. 2