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HomeMy WebLinkAbout02-04 - Resolutions RESOLUTION NO. 02-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2001-00756 TO ALLOW A WALL APPROXIMATELY 12-FEET IN HEIGHTALONGTHE EASTAND WEST BOUNDARIES OF THE PARCEL FACING MILLER AVENUE THAT IS NOT INCLUDED AS PART OF THIS SUBDIVISION ALONG WITH WALLS ALONG THE 1-15 FREEWAY RIGHT- OF-WAY THAT ARE APPROXIMATELY 17-FEET IN HEIGHT TO PROVIDE ADEQUATE NOISE ATTENUATION FOR THE ADJOINING LOTS RELATED TO THE FINAL PHASE OF TRACT 15711, GENERALLY LOCATED ON THE NORTH SIDE OF MILLER AVENUE, EAST OF THE 1-15 FREEWAY, IN THE LOW-MEDIUM RESIDENTIAL DISTRICT OF THE ETIWANDA SOUTH OVERLAY DISTRICT IN THE ETIWANDA SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1100-041-09. A. Recitals. 1. Pacific Communities filed an application for the issuance of Variance DRC2001-00756 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 9th day of January 2002, 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 January 9, 2002, including written and oral staff reports,togetherwith public testimony, this Commission hereby specifically finds as follows: a. The application applies to property within a recorded subdivision map that has been rough graded, located on the north side of Miller Avenue with a street frontage of 1,327 feet and lot depth of 650 feet, lying east of the 1-15 Freeway, and is presently improved with one existing single- family residence which will remain; and b. The property to the north of the subject site is Low-Medium Residential District with a single-family development that is currently under-construction; the property to the south is also Low-Medium Residential District with a single-family residential development that is currently under- construction; the property to the east is Low-Medium Density Residential that is presently mostly undeveloped land containing two existing single-family residences; and the property to the west is also Low-Medium Residential District, composed of four parcels containing three existing single- family residences; and PLANNING COMMISSION RESOLUTION NO. 02-04 VARIANCE DRC2001-00756 —PACIFIC COMMUNITIES January 9, 2002 Page 2 C. The project consists of a site plan and design review of 87 single-family homes in the final phase of previously approved Tract 15711; and d. The proposed project is located within the Low-Medium Density Residential District of the Etiwanda Specific Plan and the Etiwanda South Overlay District, and has been designed in accordance with the standards and guidelines of the Specific Plan; and e. The Variance is requested for overall wall heights that exceed the maximum allowed by the Development Code for three specific locations within the tract: 1) a wall height of approximately 17 feet is required along the freeway in order to attenuate noise for the future homeowners; 2) a combined retaining wall and garden wall of approximately 12 feet will be constructed along the west property boundary of the "Not-A-Part"parcel that faces Miller Avenue; and 3)a combined retaining wall and garden wall of approximately 12 feet will be constructed along the east property boundary of the "Not-A-Part" parcel that faces Miller Avenue; and f. The City of Rancho Cucamonga General Plan indicates noise levels exceeding 65 DBA along the 1-15 Freeway. 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 herebyfinds 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 because residents living near the freeway would be subject to excessive noise levels without the increased wall height;and the existing home facing Miller Avenue would be subject to disturbance by off-site grading and loss of privacy without the retaining wall and garden wall proposed by the applicant. 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 because the site is adjacent to the 1-15 Freeway,subjecting the site to excessive noise levels, and the existing residence on Miller Avenue should be preserved without disturbance to the existing residents. 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 because a standard 6-foot wall height would not provide adequate noise attenuation and a standard 6-foot wall,with 2-foot retaining wall,would not provide adequate privacy and property protection to the existing residence on Miller Avenue. 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 because all residents in the City should be protected from excessive noise and the existing resident should be protected from the physical impacts of the adjacent development. 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. PLANNING COMMISSION RESOLUTION NO. 02-04 VARIANCE DRC2001-00756—PACIFIC COMMUNITIES January 9, 2002 Page 3 4. The Planning Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970,as amended,and the Guidelines promulgated thereunder, pursuant to Section 15305 of the State CEQA Guidelines. 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 1) The freeway sound wall design shall be consistent with the existing wall constructed in conjunction with Tract 16105 immediately north of the site. The wall design includes the following design elements: a 10- x 4- x 16-inch split face block cap (Orco Chocolate color), thetop three courses shall be split face fluted (Orco tan color), the lowest 25 percent of the wall shall be spilt face chocolate color, and the remainder of the wall (between the three-coarse fluted trim and the lower chocolate color) shall be split face tan in color. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF JANUARY 2002 PLANNING COM SS ON OF THE CITY OF RANCHO CUCAMONGA BY: , f Larry T. c i , Chairman ATTEST: rad Bull creta I, Brad Buller, Secretaryof 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 9th dayof January 2002, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE