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HomeMy WebLinkAbout03-89 - Resolutions RESOLUTION NO. 03-89 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2003-00216, A REQUEST TO INCREASE THE PROPOSED WALL HEIGHTS FROM 6 FEET TO 12 FEET ALONG THE SOUTHERLY PROJECT BOUNDARY FOR PROPERTY LOCATED IN THE LOW RESIDENTIAL DISTRICT (2 - 4 DWELLING UNITS PER ACRE), AT THE SOUTHWEST CORNER OF 19TH STREET AND AMETHYST STREET, AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0202-061-15 AND SOUTHERLY PORTIONS OF 0202-061-38 AND 42. A. Recitals. 1. Manning Homes filed an application for the issuance of Variance DRC2003-00216, 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 25th day of June 2003, 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 June 25, 2003, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at the southwest corner of 19th Street and Amethyst Street, with a street frontage of 340 feet on 19th Street and 660 feet on Amethyst Street. The site is presently vacant with the exception of an abandoned single-family residence at the northeast corner of the site; and b. Single-family residential homes and property surround the proposed project to the south, east, and west, with an existing school located to the north across 19th Street; and C. The application was filed in conjunction with a request for Tentative Tract Map SUBTT16432, a subdivision of 28 single-family lots; and d. Allowing a variance to increase the wall heights from 6 feet to 12 feet would allow for residential development consistent with the objectives of the Development Code; and e. By lowering the proposed tentative tract to eliminate the grade differential would increase the amount of dirt to be exported. This would increase the amount of grade difference along the tentative tract's northerly property line. Lowering the lots along the proposed tentative tract's southerly property line means covering the proposed Street 'A," and would create a sump condition and require the construction of an excessive amount of storm drain line; and PLANNING COMMISSION RESOLUTION NO. 03-89 DRC2003-00216 — MANNING HOMES June 25, 2003 Page 2 f. The approval of the variance along the project's southerly property line would be compatible to existing conditions on adjacent projects that have a north/south common property line. The site's natural four percent cross fall also contributes to the vertical difference along the common property line. 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 regulation would result in practical difficulty or unnecessary physical hardship for the applicant,thereby denying him the opportunity to develop his property,a privilege enjoyed by other owners of other properties in the same district. b. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of this 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 would 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: Planning Division: 1) The walls shall be of decorative design to the satisfaction of the City Planner. 2) The wall height shall wrap around corners with a step down to a standard wall height of 6 feet. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF JUNE 2003. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO. 03-89 DRC2003-00216— MANNING HOMES June 25, 2003 Page 3 BY: 4�c x6)1rev arty T. i4 Chairman ATTEST: radBul cretary I, rad 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 bythe Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 25th day of June 2003, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, MCNIEL, MCPHAIL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: STEWART