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HomeMy WebLinkAbout01-42 - Resolutions RESOLUTION NO. 0142 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2001-00081, A REQUEST TO REDUCE THE MINIMUM SIDE YARD SETBACK FROM 15 FEET TO 6 FEET AND INCREASE THE WALL HEIGHT UP TO A MAXIMUM 15.5 FEET ALONG THE SOUTH BOUNDARY OF TENTATIVE TRACT 16181 WHERE THE DEVELOPMENT CODEALLOWS A MAXIMUM WALL HEIGHT OF 6 FEET IN THE MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE), ETIWANDA SOUTH OVERLAY DISTRICT, AND ETIWANDA AVENUE OVERLAY DISTRICT WITHIN THE ETIWANDA SPECIFIC PLAN, LOCATED AT THE SOUTHEAST CORNER OF ETIWANDA AVENUE AND GARCIA DRIVE - AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1100-151-01 AND 02. A. Recitals. 1. Rancho Cucamonga Land Company filed an application for the issuance of Variance (DCR2001-00081) 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 11th day of April 2001, 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 on April 11, 2001, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property, located on the southeast comer of Etiwanda Avenue and Garcia Drive; and b. The property to the north of the subject site is being built with single-family homes. The property to the south is vacant but is planned for commercial development. To the east is a proposed park and a drainage detention basin, and to the west, across Etiwanda Avenue, the property is planned for single-family residential development, and C. The application contemplates the development of 272 apartment units at a density of 13.6 dwelling units per acre, and a recreation/open space corridor is provided as a central spine within the development; and PLANNING COMMISSION RESOLUTION NO. 01-42 VARIANCE (DRC2001-00081) — RANCHO CUCAMONGA LAND COMPANY April 11, 2001 Page 2 e. The Etiwanda Specific Plan requirement for a 15-foot side yard setback is intended to create a proportionally sufficient open space between larger multiple-family projects and single-family residential development; and f. The proposed garage structures are non-habitable structures and provide a good buffer between the proposed apartments and future commercial development; and g. The proposed wall, consisting of a 7.5-foot retaining wall with an 8-foot freestanding on top (up to a total wall height of 15.5 feet) along the south boundary, is needed to fill and retain a low-point at the south central portion of the site and to adequately screen and buffer the proposed development from future commercial development; and h. The property has a substantial low-point in the central portion, near the south property line. The proposed grading concept contemplates filling this low-point to raise it to a level consistent with the remainder of the property. The proposed fill will require construction of a retaining wall of up to 7.5 feet in height along a portion of the south property line. Because the drastic topography of the site does not equally impact most properties in the same district, the granting of the variance will not set a precedent; and i. Granting of the variance will not be detrimental to the public health, safety, or welfare, but conversely, provide a security and privacy wall for the future residents of the apartment project. 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 not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code. 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. 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. 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. 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. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the application subject to each and every condition set forth below. 1) Variance approval shall expire if building permits are not issued within 5 years from the date of approval. PLANNING COMMISSION RESOLUTION NO. 01-42 VARIANCE (DRC2001-00081) — RANCHO CUCAMONGA LAND COMPANY April 11, 2001 Page 3 2) The wall shall be constructed with a two-tone color scheme, pattern arrangement to the materials, and decorative pilasters and cap. In addition, climbing vines are required along the south face of the wall. Construction of the wall shall be subject to City Planner review and approval. 3) All applicable Conditions of Approval for Tentative Tract Map 16181 and Conditional Use Permit 00-47 shall apply. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 11TH DAY OF APRIL 2001. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: La"VMcNiel, Chairman ATTEST: s Brad ecr to I, Brad Buller, Secretary of the Planning Commission 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 11th day of April 2001, by the following vote-to-wit: AYES: COMMISSIONERS: MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS