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Home My WebLink About21-28 ResolutionRESOLUTION NO. 21-28 A RESOLUTION OF THE PLANNING COMMISSION, OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MINOR EXCEPTION DRC2019-00787, A REQUEST FOR AN INCREASE IN THE MAXIMUM WALL HEIGHT FROM 6 FEET TO 8 FEET ALONG THE SOUTHERN BOUNDARY OF THE 'PROJECT SITE, ADJACENT TO LOTS 4 AND 5, IN CONJUNCTION WITH A PROPOSED 5-LOT SUBDIVISION IN THE VERY LOW (VL) RESIDENTIAL DISTRICT, WITHIN THE ETIWANDA SPECIFIC PLAN, LOCATED AT THE EAST TERMINUS OF ARAPAHO ROAD BETWEEN EAST AVENUE AND CHOCTAW PLACE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0225-181-73. A. Recitals. 1. W&W Land Design Consultants filed an application for Minor Exception DRC2019- 00787 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 12th day of May 2021, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing and concluded said hearing to May 26, 2021. 3. On the 26th day of May 2021, 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. 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 hearing on May 26, 2021, including written and oral staff reports, together with,public testimony, this Commission hereby specifically finds as follows: a. The application applies to a parcel located at the east terminus of Arapaho Road between East Avenue and Choctaw Place; and b. The application is related to Tentative Tract Map SUBTT20152 for the subdivision of 146,429 square feet (3.4 acres) into 5 residential lots; and C. The project site is a rectangular parcel with an overall area of approximately 3.4 acres. The overall dimensions of the site are approximately 442 feet deep (east to west) and 331 feet (north to south) and is currently vacant; and Exhibit C PLANNING COMMISSION RESOLUTION NO. 21-28 ME DRC2019-00787 — W&W LAND DESIGN SERVICES May 26, 2021 Page 2 d. The existing land uses on, and General Plan land use and zoning designations for, the project site and the surrounding ,properties (relative to the above -noted parcels) are as follows: Land Use General Plan Zoning Site Vacant Very Low Very Low L Residential District* North Single -Family Residences Very Low Very Low L Residential District* South Single -Family Residences Very Low Very Low L Residential District* East Single -Family Residence/ Frontier Switching Station Very Low Very Low (VL) Residential District* West Single -Family Residences Very Low Very Low L Residential District* *Etiwanda Specific Plan .1 to 2 Units Per Acre and Equestrian Overlay e. The applicant is requesting a Minor Exception to allow the construction of combination walls (garden/screen walls on top of retaining walls) with a height of up to 8 feet adjacent to lots 4 and 5 within the subdivision; and f. Per Table 17.48.050-1 of the Development Code, the maximum wall height of fences and walls along the rear and interior property lines is 6 feet. 3. Based upon the substantial evidence presentedto 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 Minor Exception is consistent with the General Plan any applicable specific plan or development agreement. The General Plan designation of the project site is Very Low (VL) Residential, and the zoning of the property is Very Low (VL) Residential District, Etiwanda Specific Plan. The Minor Exception does not affect the General Plan designation, zoning designation, or the residential purpose of the project site; and b. The proposed development is compatible with the existing and proposed land uses in the surrounding area. The Minor Exception will not result in a substantially larger house, an increase in lot coverage, an increase in density, or adjustments to the physical lot area of the subject lots; and C. The proposed exception to the specific development standard(s) is necessary to allow creative design solutions compatible with the desires of the community and/or to accommodate unique site conditions. The proposed walls will be located generally where there are grade differences that warrant retaining walls. Generally, the natural terrain of the project site slopes from north to south. Therefore, the usual alternative, an earthen slope, is not practical because of the lack of available space, in the side yards between the house and the property line wall: and d. 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, and will not be detrimental to public health, safety or welfare, or materially injurious properties or improvements in the vicinity. The Minor Exception will allow the applicant to construct walls that will provide adequate property screening/security and usable yard area and are similar to other walls that PLANNING COMMISSION RESOLUTION NO. 21-28 ME DRC2019-00787 — W&W LAND DESIGN SERVICES May 26, 2021 Page 3 have been constructed for the same purpose because of similar site conditions. The walls will be consistent with the standards and guidelines of the City. 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"), an Initial Study of the potential environmental effects of the project was prepared by Blodgett Baylosis Env. Planning and was peer -reviewed by The Altum Group, a consultant contracted by the City to review the report. Based on the findings contained in that Initial Study, it was 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. The mitigation measures that the applicant will be required to comply with will reduce potential project environmental impacts. 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 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) 774-4330. 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 in the Standard Conditions, attached hereto and incorporated herein by this reference. PLANNING COMMISSION RESOLUTION NO. 21-28 ME DRC2019-00787 - W&W LAND DESIGN SERVICES May 26, 2021 Page 4 6. The Secretary to this Commission shall certify the adoption of this Resolution. APPROVED AND ADOPTED THIS 26TH DAY OF MAY 2021. PLANNING COMMISSION'OF THE CITY OF RANCHO CUCAMONGA BY: sv�"'-' . ':�4 Tony glielmo; Chairman ATTEST: Met::Z - J— Anne McIntosh, AICP, Secret I, Anne McIntosh, AICP, Secretary of the Planning Commission 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 26th day of May 2021, by the following vote -to - wit: AYES: COMMISSIONERS: GUGLIELMO, OAXACA, DOPP, MORALES, WILLIAMS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: