HomeMy WebLinkAbout12-25 - Resolutions RESOLUTION NO. 12-25
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE
DRC2012-00127 A REQUEST TO ALLOW WALLS IN EXCESS OF 6 FEET,
THE MAXIMUM WALL HEIGHT PERMITTED IN RESIDENTIAL DISTRICTS
FOR NOISE ATTENUATION AND SOIL RETAINING PURPOSES ALONG
THE PERIMETER OF A PROPOSED SUBDIVISION OF A PROPERTY OF
APPROXIMATELY 83,000 SQUARE FEET (1.91 ACRE) INTO EIGHT (8)
LOTS IN THE LOW MEDIUM (LM) RESIDENTIAL DISTRICT,WITHIN THE
ETIWANDA SPECIFIC PLAN, LOCATED AT THE SOUTH SIDE OF
LIMA DRIVE AND THE WEST SIDE OF EAST AVENUE NEAR THE
SOUTHBOUND OFF RAMP OF THE INTERSTATE 15 FREEWAY; AND
MAKING FINDINGS IN SUPPORT THEREOF—APN: 0227-012-24.
A. Recitals.
1. RBF Associates, Inc. filed an application for the issuance of Variance DRC2012-00127
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 13th day of June 2012, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing on said 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 June 13, 2012, including written and oral staff reports,together
with public testimony, this Commission hereby specifically finds as follows:
a. The application is related to Tentative Tract Map SUBTT18826 and Tree Removal
Permit DRC2011-00927; and
b. The application applies to a vacant parcel located at the south side of Lima Drive
and the west side of East Avenue near the southbound off ramp of the Interstate 15 Freeway; and
C. The project site is a vacant parcel with an area of approximately 83,000 square feet
(1.91 acre). The overall dimensions of the site are approximately 645 feet (east to west) by
approximately 124 feet (north to south); and
d. To the north and west of the project site are single-family residences(Tract 15912),
while to the east, across East Avenue, is a condominium complex (Tract 16335). To the south is a
set of vacant properties that are generally bisected diagonally (from northeast to southwest) by the
off ramp of the southbound Interstate 15 Freeway to Base Line Road; and
PLANNING COMMISSION RESOLUTION NO. 12-25
VARIANCE DRC2012-00127 — RBF ASSOCIATES INC.
June 13, 2012
Page 2
e. The zoning of the property and the properties to the north and west is Low Medium
(LM) Residential District. The zoning the properties to the east is Medium (M) Residential District.
The zoning of the properties to the south is Office Professional (OP) and is currently owned by the
City. The subject property and all surrounding properties are within the Etiwanda Specific Plan; and
f. The applicant is requesting a Variance to allow the construction of combination
walls along the south, east, and west perimeters of the proposed subdivision. The combination
walls will be comprised of a lower retaining wall and an upper screen/garden or noise attenuating
wall and will have an overall height in excess of 6 feet; and
g. Per Section 17.08.060(K) of the Development Code, the maximum height of walls
permitted in residential districts is 6 feet; and
h. The height of the proposed combination walls will be approximately 10.5 feet along
the east property line (3 feet retaining, 7.5 feet noise attenuating) parallel to East Avenue,
approximately 14 to 17 feet along the south property line (up to 8 feet retaining, 6 to 9 feet noise
attenuating), and between approximately 10 to 12 feet along the west property line (4 to 6 feet
retaining, 6 feet screening).
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. The proposed walls along the east and south perimeters of the project
site are for noise attenuation purposes to reduce the exterior noise levels at the lots along the
perimeter of the proposed subdivision. The height of the walls is necessary to mitigate the noise
impacts to a level that is less than 65 dBA CNEL (Community Noise Equivalent Level) as specified
in the Development Code. If the walls were limited to 6 feet as specified in the Code, or if the walls
were absent altogether,the exterior noise levels would not comply with the Code, nor be consistent
with Public Health and Safety policies relating to noise (Goal PS-13 of the General Plan). The
retaining portion of these walls is necessary to retain soil that will need to be imported in order to
raise the finished surface elevation at the project perimeter to allow for adequate surface drainage to
Lima Drive and accommodate sewer connections. There is no practical alternative to these walls.
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. The project site is located generally adjacent to the Ontario Freeway
(Interstate 15) and the southbound off ramp that links the freeway to Base Line Road. As a result, it
is exposed to noise generated by traffic that is generally not present near other residential properties
in the City which are screened by existing development and/or sufficiently distant from these
principal noise sources that noise impacts are negligible.
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.
The purpose of the walls is to attenuate traffic noise. The exterior noise levels generated by traffic
exceed the maximum limits established by the Development Code and would negatively affect a
future homeowner's ability to enjoy and use the outdoor areas of his property in the absence of
PLANNING COMMISSION RESOLUTION NO. 12-25
VARIANCE DRC2012-00127 — RBF ASSOCIATES
June 13, 2012
Page 3
these walls. Furthermore, the effectiveness of noise attenuating materials used in the construction
of the homes is augmented by the presence of the noise attenuating perimeter wall. The absence of
the wall would reduce the effectiveness of noise mitigation measures and expose the occupants of
the homes to elevated interior noise.
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. The Ontario
Freeway (Interstate 15) corridor within the City is adjacent to numerous residential properties.
Traffic noise impacts along the corridor must be mitigated to levels as described in the Development
Code and consistent with the General Plan. The freeway corridor abuts various residential zoning
districts including the Low Medium (LM) Residential District. Walls of this height or similar are
common along the freeway corridor for noise attenuation purposes where residential properties are
adjacent to the freeway.
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. The wall segment
along East Avenue will be generally similar to the existing walls for other residential development
along East Avenue and in the general vicinity of the freeway that were constructed for noise
attenuating and/or grading related purposes. This segment, and associated landscaping, will be
constructed per the decorative design shown in Figure 5-28A of the Etiwanda Specific Plan. The
wall segment as seen from the Ontario Freeway (Interstate 15)will be similar to the height of other
noise attenuation walls along the freeway corridor within the City. This segment will be constructed
per the decorative design established by Caltrans. The property adjacent to the wall along the south
perimeter of the proposed subdivision is vacant. There is pending reconstruction of the interchange
of the Interstate 15 Freeway and Base Line Road. Future practical development of this property will
be precluded by the improvements associated with the interchange (roadway, overpass,
embankments, etc.). Although the property is owned by the City as part of the interchange
reconstruction project, Caltrans will acquire the property from the City. This segment also will be
constructed per the decorative design established by Caltrans. The wall segment along the west
property line will have the most impact on the properties located at 7185 and 7195 Acorn Place. At
the request and acceptance of the owners/residents of both properties,the applicant will design and
construct the wall in a manner that will be the least disruptive to them, including leaving the existing
property line wall in place, i.e. constructing the new wall parallel and immediately adjacent to the
existing wall; constructing the new wall with decorative block; and visually integrating the new wall
with the existing wall by gradually lowering its height from its maximum height to the height of the
existing wall instead of ending abruptly at the midpoint of the rear property line at 7195 Acorn Place.
4. Based upon the facts and information contained in the proposed Mitigated Negative
Declaration, together with all written and oral reports included for the environmental assessment for
the application,the Planning Commission finds that there is no substantial evidence that the project
will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and
Monitoring Program attached hereto, and incorporated herein by this reference, based upon the
findings as follows:
a. Pursuant to the California Environmental Quality Act("CEQA") and the City's local
CEQA Guidelines, the 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, the City staff provided public notice of the public comment
PLANNING COMMISSION RESOLUTION NO. 12-25
VARIANCE DRC2012-00127 — RBF ASSOCIATES
June 13, 2012
Page 4
period and of the intent to adopt the Mitigated Negative Declaration.
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.
Planning Department
1) Approval is for perimeter walls in excess of 6 feet, the maximum wall
height permitted in residential districts, for noise attenuation and soil
retaining purposes along the perimeter of a proposed subdivision of a
property of approximately 83,000 square feet (1.91 acre) into eight (8)
lots in the Low Medium (LM) Residential District, within the Etiwanda
Specific Plan located at the south side of Lima Drive and the west side
of East Avenue near the southbound off ramp of the Interstate 15
Freeway -APN: 0227-012-24.
2) Approval of this request shall not waive compliance with any sections
of the Development Code, State Fire Marshal's regulations, Uniform
Building Code, or any other City Ordinances.
3) All Conditions of Approval for Tentative Tract Map SUBTT18826 and
Tree Removal Permit DRC2011-00963 shall apply.
PLANNING COMMISSION RESOLUTION NO, 12-25
VARIANCE DRC2012-00127 — RBF ASSOCIATES
June 13, 2012
Page 5
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 13TH DAY OF JUNE 2012
PLANNING COMM N OF THE CITY OF RANCHO CUCAMONGA
BY:
Luis Munoz, Jr., Chairman
ATTEST:
Candy Burnett, Senior Planner
I, Candyce Burnett, Senior Planner 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 13th day of June 2012 by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, OAXACA, MUNOZ, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: HOWDYSHELL
ABSTAIN: COMMISSIONERS: NONE
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT#: DRC2012-00127
SUBJECT: VARIANCE
APPLICANT: RBF ASSOCIATES, INC.
LOCATION: SOUTH SIDE OF LIMA DRIVE AND THE WEST SIDE OF EAST AVENUE NEAR THE
SOUTHBOUND OFF RAMP OF INTERSTATE 15 FREEWAY—APN: 0227-012-24
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR -
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Completion Date
A. General Requirements
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.
2. Copies of the signed Planning Commission Resolution of Approval No.12-25, Standard
Conditions, and all environmental mitigations shall be included on the plans (full size). The
sheet(s)are for information only to all parties involved in the construction/grading activities and
are not required to be wet sealed/stamped by a licensed Engineer/Architect.
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, and the
Development Code regulations.
2. Prior to any use of the project site or business activity being commenced thereon,all Conditions
of Approval shall be completed to the satisfaction of the Planning Director.
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Project No.SUBTT18826
Comoletion Date
3. 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.
4. Revised site plans and building elevations incorporating all Conditions of Approval shall be
submitted for Planning Director review and approval prior to the issuance of building permits.
5. 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.
6. 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.
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