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HomeMy WebLinkAbout02-14 - Resolutions RESOLUTION NO. 02-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MODIFYING DEVELOPMENT REVIEW DRCDR00-81 TO INCLUDE A CONDITION OF APPROVAL REQUIRING FENCING ALONG THE SOUTHEASTERLY PROPERTY LINE, FOR A 2,455 SQUARE FOOT HOME ON .29-ACRE OF LAND IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE), LOCATED AT 8721 PREDERA COURT, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 207-631-19. A. Recitals. 1. On December 5, 2000, Mr. Jim Gray, general contractor for the applicant, Mr. Jarod Crow, submitted an application for a Hillside Design Review. 2. On March 12,2001,the City Plannerapproved Development Review DRCDR00-81with conditions. 3. On November 7, 2001, the City Planner and the neighbor, Mr. Charles Buquet, conducted a meeting and the City Planner denied the appellant's request to add a condition requiring side yard fencing along the southeasterly property line to the previously approved application. The decision of the City Planner was appealed in a timely manner to this Commission on November 14, 2001. 4. On the December 12, 2001,and continued to January9,2002,the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the appeal and concluded said meeting on that date. 5. 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 meeting on December 12, 2001, and January 9, 2002, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to property located at 8721 Predera Court with a street frontage of approximately 51 feet and lot depth of approximately 170 feet and is presently improved with a two-story single-family home under construction; and b. The property to the north of the subject site is vacant and is zoned Low Residential, the property to the south is developed with a single-family home and is zoned Low Residential, the property to the east is vacant and is zoned Low-Residential and the property to the west is vacant and is zoned Low Residential; and PLANNING COMMISSION RESOLUTION NO. 02-14 DRCDROO-81 —JAROD CROW January 9, 2002 Page 2 C. There is an elevation difference between the appellant's property, located at 8725 Predera Court, and the applicant's property, located at 8721 Predera Court, of approximately 11 feet; and d. The Development Code states that projects should be compatible and sensitive to the immediate environment, and side yard fencing provides a physical safety barrier between residential properties that have a substantial difference in elevation; e. The installation of side yard fencing between residential properties provides protection against nuisance activity and mitigates the impacts of nuisance activity that may occur between properties, thereby meeting the objectives of the Development Code. 3. Based upon the substantial evidence presented to this Commission during the above- referenced meeting 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 modification to DRCDR00-81 is consistent with the objectives of the General Plan; and b. The proposed modification to DRCDR00-81 is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and C. The proposed modification to DRCDR00-81 is in compliance with each of the applicable provisions of the Development Code; and d. The proposed modification to DRCDR00-81,togetherwith 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. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above,this Commission hereby approves the appeal, and modifies the approval for Development Review DRCDR00-81 to add the following conditions. Planning Division 1) A fence shall be installed along the southeasterly property line. The fencing shall be constructed in accordance with standard fence detail on file with the Planning Division. 2) The fencing shall be constructed as follows: A 6-foot wood fence shall be constructed adjacent to the existing 4-foot retaining wall that is offset 1-foot from the southeasterly property line of 8721 Predera Court. The 6-foot fence shall begin at the intersection of the southerly and westerly property lines of 8721 Predera Court, then continue easterly for a distance of 130 feet. At 130 feet beyond the intersection of the southerly and easterly property lines, the fence shall transition into a height of 4 feet, then continue easterly for a distance of 25 feet, terminating perpendicular to the existing wrought iron fencing at 8725 Predera Court. All fence heights shall be measured from the finished grade at 8721 Predera Court to top of fence. PLANNING COMMISSION RESOLUTION NO. 02-14 DRCDR00-81 —JAROD CROW January 9, 2002 Page 3 3) Within 10 days from the approval date of this resolution, the applicant shall submit a fencing plan to the City Planner for review and approval. 4) The fencing shall be installed within 30 days of the approval date of this resolution. 5) The added condition of approval requiring the installation of fencing along the southeasterly property line shall not waive compliance with any section of the City's Development Code. 6) Approval of this appeal shall not waive compliance with all other prior conditions of approval for Development Review DRCDR00-81, as indicated in the City Planner's approval letter dated March 12, 2001. 7) The applicant shall obtain all necessary permits from the Building and Safety Division. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF JANUARY 2002. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: L rry T. r iel, Chairman ATTEST: ad Buller, retary 1, 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 9th day of January 2002, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, STEWART, TOLSTOY NOES: COMMISSIONERS: MCNIEL ABSENT: COMMISSIONERS: NONE