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HomeMy WebLinkAbout13-06 - Resolutions RESOLUTION NO. 13-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MINOR EXCEPTION DRC2012-00759, A REQUEST TO INCREASE THE PERMITTED WALL HEIGHT FROM 6 FEET TO 8 FEET RELATED TO THE DEVELOPMENT OF A 306-UNIT RENTAL CONDOMINIUM DEVELOPMENT ON 19.25 ACRES LOCATED ON THE SOUTH SIDE OF CHURCH STREET BETWEEN MAYTEN AVENUE AND MALAGA DRIVE WITHIN THE MEDIUM HIGH DEVELOPMENT DISTRICT (14 TO 24 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0227-151-49 AND 50 A. Recitals. 1. Homecoming V at Terra Vista, LLC filed an application for the approval of Minor Exception DRC2012-00759, 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 28th day of November 2012, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. Rather than taking action on the application, the Planning Commission remanded the item to the Design Review Committee for further review. It was noted that the item would be re-advertised for a future Planning Commission hearing. 3. On the 9th day of January 2013, 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. 4. 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 hearings on November 28, 2012, and January 13, 2013, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The 19.25-acre vacant project site is located on the south side of Church Street between Mayten Avenue and Malaga Drive; and b. The site is within the Medium High Development District of the Terra Vista Community Plan and has a proposed density of 15.9 dwelling units per acre, which is at the lower end of the permitted density range of 14 to 24 dwelling units per acre; and C. The site is bounded by a multi-family development to the north in the High (H) Residential Development District; a vacant lot to the south in the Community Commercial (CC) Development District; a senior housing development to the west in the Mixed Use (MHO) Development District; and a single-family residential development to the east in the Low Medium (LM) and Medium (M) Development District; and PLANNING COMMISSION RESOLUTION NO. 13-06 DRC2012-00759 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 2 d. The development is made up of 306 rental condominium units; and e. The applicant filed a Minor Exception (DRC2012-00759) for an additional 2 feet of wall height above the maximum 6 feet permitted by the Development Code. The additional wall height is necessary due to a grade difference between the public right-of-way and the project site and to comply with the recommendations made in the Noise Impact Study; and f. The proposed development also includes an associated Development Review (DRC2012-00726) and subdivision, (SUBTT18856). 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 the proposed development is of sufficient size and is designed so as to provide a desirable environment within its own boundaries. In that the without the additional wall height, the residents would be subjected to noise levels in excess of City's noise standards. b. That the proposed development is compatible with the existing and proposed land uses in the surrounding area. In that the additional wall height as seen from the public right-of-way will not be taller that wall heights in the surrounding area. C. That any exception to or deviations from the density, requirements, or design standards result in the creation of project amenities that would not be available through strict adherence to Code provision. In that it is a common feature to have property line walls around multi-family developments and to allow walls over the 6-foot height limit where on-site grades and elevated noise conditions necessitate the additional wall height. d. That granting the Minor Exception will not adversely affect the interest of the public or interest of the residents and property owners in the vicinity of the premises in question. In that the additional wall height will be most visible to the future residents of the project site and will only have 6-foot of wall height visible as seen from the public right-of-way. e. That the Minor Exception is consistent with the General Plan or any applicable specific plan or development agreement. In that the General Plan and the Terra Vista Community Plan provide flexibility to the regulations where the site conditions cannot otherwise be mitigated. f. That the exception is the minimum required, in that it allows the specified improvement or development to occur, but does not provide additional development rights. In that the additional wall height is the minimum necessary to address the grade change between the project site and the public right-of way and the elevated noise conditions. 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: PLANNING COMMISSION RESOLUTION NO. 13-06 DRC2012-00759 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 3 a. Pursuant to the California Environmental Quality Act ("CEQK) 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. 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 recommends to the City Council approval of the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is to allow perimeter walls up to 8 feet tall related to the development of a 306-unit rental condominium project on 19.25 acres located on the south side of Church Street between Mayten Avenue and Malaga Drive within the Medium High Development District (14-24 dwelling units per acre) of the Terra Vista Community Plan -APN: 0227-151-49 and 50. 2) The approval of DRC2012-00759 is subject to approval by the Planning Commission of Development Review DRC2012-00726 and Tentative Tract Map SUBTT18856 and the approval by the City Council of General Plan Amendment DRC2012-00727. PLANNING COMMISSION RESOLUTION NO. 13-06 DRC2012-00759 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 4 3) All perimeter walls and metal fences exposed to public view shall be decorative and include a decorative pilaster at each change in direction of either the wall or metal fence. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF JANUARY 2013. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Frances Howdyshell, Chairman ATTEST: W, Candyc urne , 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 9th day of January 2013, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER; OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HOWDYSHELL, MUNOZ ABSTAIN: COMMISSIONERS: NONE