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HomeMy WebLinkAbout13-12 - Resolutions RESOLUTION NO.13-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MINOR EXCEPTION DRC2010-00065, A REQUEST TO INCREASE THE BOUNDARY WALL HEIGHTS ON LOTS 1 THROUGH 4 IN THE LOW RESIDENTIAL DISTRICT OF THE ETIWANDA NORTH SPECIFIC PLAN, LOCATED ON THE SOUTHWEST CORNER OF DAY CREEK BOULEVARD AND VINTAGE DRIVE; AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 0225-161- 13. A. Recitals. 1. John Kavak, filed an application for the approval of Minor Exception DRC2010-00065, 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 13th day of March 2013, the Planning Commission of the City of Rancho Cucamonga conducted a 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 March 13, 2013, 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 at the southwest corner of Day Creek Boulevard and Vintage Drive with a street frontage of approximately 302 feet and lot depth of approximately 531 feet and is presently vacant land; and b. The properties to the north of the subject site across Vintage Drive are existing single- family residences, the properties to the south consist of existing single-family residences,the properties to the east across Day Creek Boulevard are existing single-family residences,and the properties to the west across Saddle Tree Place are existing single-family residences; and C. The proposed use together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity as the increase in the height of the rear yard walls by adding up to 1 foot, 6 inches (1'-6") of retaining wall on Lots 1-4 for privacy; and d. The project includes the concurrent submittal of a Tentative Tract Map SUBTT18709, a subdivision of approximately 3.6 acres of land into 12 single-family residential lots; and PLANNING COMMISSION RESOLUTION NO. 13-12 MINOR EXCEPTION DRC2010-00065 - JOHN KAVAK March 13, 2013 Page 2 e. The walls on Lots 1-4 are necessary to ensure an adequate level of privacy and to compensate for the finished grade differences between the applicant's property and the neighboring Tract 18032. 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. The proposed development is of sufficient size and is designed to provide a desirable environment within its own boundaries. Increasing the wall height by 1 foot 6 inches (calculated height of 9 inches) will maintain privacy along the southern lot lines. b. The proposed development is compatible with existing and proposed land uses in the surrounding area as the applicant is proposing a residential development as part of this application and there are residential developments surrounding the project. This application will allow for the privacy and protection of the future residents. C. Any exceptions to or deviation from the density, requirements,or design standards result in the creation of project amenities that would not be available through strict adherence to Code provisions(e.g., additional open space, protection of natural resources, improved pedestrian connectivity, public plazas). The Minor Exception will not constitute a grant of special privilege or amenity not available to other properties classified in the same district, and will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The Minor Exception will allow a 6-foot tall privacy wall for Lots 1-4, with the addition of the retaining wall. These are amenities other parcels in the area also enjoy. d. That the granting of the Minor exception will not adversely affect the interest of the public or the interest of the residents and property owners in the vicinity of the premises in question as increased heights will be located along the tract boundary and will be architecturally compatible with the existing walls in the area. e. The Minor Exception is consistent with the General Plan and the Etiwanda North Specific Plan in that granting of the Minor Exception helps encourage new development by allowing the applicant to provide privacy to the specified lots that is enjoyed by the other property owners in the area. f. The Minor Exception is the minimum required in that it allows the specified improvement to occur, but does not provide additional development rights. The granting of the Minor Exception does not provide a special privilege inconsistent with the limitations on other properties classified in the same district as all properties shall be allowed to have the same level of privacy as other residential lots in the area. 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 to Planning Commission Resolution No. 13-11 approving Tentative Tract Map 18709, and incorporated herein by this reference, based upon the findings as follows: PLANNING COMMISSION RESOLUTION NO. 13-12 MINOR EXCEPTION DRC2010-00065—JOHN KOVAK March 13, 2013 Page 3 a. Pursuant to the California Environmental Quality Act("CEQK)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 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 City Planner 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 the Mitigation Measures provided for Tentative Tract Map 18823. Planning Department 1) Approval of this resolution is for the increase of wall height to 7 feet 6 inches (7'-6") on the south perimeter walls of Lots 1-4 of Tentative Tract Map SUBTT18709 by a maximum of 1 foot 6 inches (1' - 6") for the retaining walls. 2) The approval of this application is contingent on the approval of Tentative Tract Map SUBTT18709. 3) 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 PLANNING COMMISSION RESOLUTION NO. 13-12 MINOR EXCEPTION DRC2010-00065— JOHN KOVAK March 13, 2013 Page 4 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. 4) Prior to any use of the project site, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 5) The applicant shall comply with all applicable codes and obtain the necessary building permits from the Building and Safety Department. 6) All retaining walls visible to public view shall be decorative and adhere to the Etiwanda North Specific Plan Neighborhood Theme design requirements. 7) 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. 4. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF MARCH 2013. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Frances Howdyshell, Chairman ATTEST: 0"-- Candy T urnett, Planning Manager I, Candyce Burnett, Planning Manager for 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 March 2013, by the following vote-to-wit: AYES: COMMISSIONERS: OAXACA, FLETCHER, MUNOZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HOWDYSHELL, WIMBERLY ABSTAIN: COMMISSIONERS: NONE