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HomeMy WebLinkAbout03-101 - Resolutions RESOLUTION NO. 03-101 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2003-00475 TO EXTEND THE WALL HEIGHTS WITHIN AN APPROVED TENTATIVE TRACT MAP 16431, LOCATED ON THE SOUTH SIDE OF LEMON AVENUE EAST OF THE ALTA LOMA FLOOD CONTROL CHANNEL IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLINGS PER ACRE), AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0201- 252-34, 35, AND 36. A. Recitals. 1. Manning Homes filed an application for the approval of Variance DRC2003-00475, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 23 day of July 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 July 23, 2003, including written and oral staff reports, together with public testimony this Commission hereby specifically finds as follows: a. The application applies to property within an approved Tentative Tract Map 16431 located at the south side of Lemon Avenue approximately 800 feet west of Hermosa with a street frontage of 314.38 feet and lot depth of 600.76 feet and is presently vacant property; and b. The properties to the northeast of the subject site are single-family residential,the property to the south is single-family residential and vacant, and to the west is the Alta Loma Flood Control Channel; and C. The Variance is requested for overall wall heights that exceed the maximum allowed by the Development Code for one specific location; a wall height of approximately 11.5 feet is required along the Alta Loma Channel; and d. The proposed project is located within the Low Residential District, and has been designed in accordance with standards and guidelines of the Development Code; and PLANNING COMMISSION RESOLUTION NO. 03-101 VARIANCE DRC2003-00475 - MANNING HOMES July 23, 2003 Page 2 e. The Variance is requested for overall wall heights to exceed the maximum allowed by the Development Code for the westerly property boundary of Tract 16431 for a retaining wall and garden wall combination to exceed the 6 feet maximum in a Residential District. 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. 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 Alta Loma Channel would be subject to high slopes with low walls which could be a disruption of privacy without the increased wall height. 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 Alta Loma Channel, subject to a large slope with no other means of providing a useable rear yard. C. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by owners of other properties in the same district because a standard 6-foot wall height would not provide adequate privacy. d. That the granting of a Variance will not constitute a grant of a special privilege inconsistent with the limitations on other properties classified in the same district because all residents in the City should be protected from the Alta Loma Channel and the existing residents should be protected from the physical impacts of the adjacent developments. e. That the granting of a Variance will not be determined to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity. 4. The Planning Commission herebyfinds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental QualityAct 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 Division 1) Variance approval shall expire if building permits are not issued within 5 years from date of approval. No extensions are allowed. 2) The wall design shall be consistent with the existing wall constructed in conjunction with Tract 16431 and the neighboring Tract 14866 immediately west of the site. A gradual step-down shall be included from the highest point of the wall to the standard garden wall height. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 03-101 VARIANCE DRC2003-00475 - MANNING HOMES July 23, 2003 Page 3 APPROVED AND ADOPTED THIS 23RD DAY OF JULY 2003. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA 01 BY: Rich airman ATTEST: Da em in, Acting Secretary I, Dan Coleman, Acting 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 23rd day of July 2003, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, McNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE