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HomeMy WebLinkAbout03-152 - Resolutions RESOLUTION NO. 03-152 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE NO. DRC2003-00904 FOR A WALL HEIGHT IN EXCESS OF THE MAXIMUM CODE STANDARD ASSOCIATED WITH THE DEVELOPMENT OF TRACT 16157 ("HOMECOMING," PROPOSED BY THE LEWIS APARTMENT COMMUNITIES), LOCATED AT THE NORTHWEST CORNER OF CHURCH STREET AND TERRA VISTA PARKWAY IN THE HIGH AND MEDIUM-HIGH RESIDENTIAL DISTRICT OF THE TERRA VISTA COMMUNITY PLAN,AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 0227-151-30 AND 64. A. Recitals. 1. Lewis Apartment Communities filed an application for the issuance of Variance No. DRC2003-00904, 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 22nd day of October 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 bythe 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 October 22, 2003, including written and oral staff reports, togetherwith public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at the northwest comerof Church Street and Terra Vista Parkway with a street frontage of approximately 2,300 feet along Church Street and approximately 800 feet along Terra Vista Parkway,which are both presently improved with curb and gutter and street pavement; and b. The Planning Commission approved Tentative Tract Map SUBTT16157 and the related Development Review DRC2001-00791 in November 2002, on the subject property; and C. The property to the north of the subject site is the East Greenway Trail;the property to the south consists of Tract SUBTT15492, commonly referred to as the KB Home Lexington Collection and vacant land with a land use designation of Medium-High Residential; the property to the east is Tract SUBTT15072, commonly referred to as the Village of Independence; and the property to the west is Milliken Park, the Storage West public storage facility, and vacant land that has recently been designated Medium Residential; and d. The Variance is requested for overall wall heights that exceed the maximum allowed by the Development Code which is normally 6 feet for any combination of solid and open fences that are located in portion of the front, side or rear portion of the lot; and PLANNING COMMISSION RESOLUTION NO. 03-152 DRC2003-00904 — LEWIS APARTMENT COMMUNITIES October 22, 2003 Page 2 e. The proposed project is located in the High and Medium-High Residential Districts, and has been designed in accordance with all other standards and guidelines of the Development Code and the Terra Vista Community Plan. 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 result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code because the Grading Plan has been designed to accommodate the varying and changing conditions along the perimeter of the site including interfacing with the Milliken Park, the East Greenway Trail, and over 3,000 feet of street frontage. 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 has been designed to lower the grade at the north end of the site which is adjacent to existing single-family development, in order to minimize the impact of the proposed project on the existing neighborhood. 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 the proposed 4 and 5 foot retaining walls in addition to the 5 foot tubular steel fence placed atop the retaining wall, resulting in overall wall/fence heights up to 10 feet in height,will provide the optimum relationship with the adjacent open space including Milliken Park and East Greenway Trail, and the existing single-family residential neighborhood. 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 the proposed project has been designed to minimize the impact of a large multi-family project on the adjacent single-family neighborhood. 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. 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 (CEQA) 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) The Variance shall expire if building permits are not issued within 5 years from the date of approval. No extensions are allowed. 2) The construction of the retaining walls and fences shall be in accordance with the Precise Plot and Grading Plan approved by PLANNING COMMISSION RESOLUTION NO. 03-152 DRC2003-00904 — LEWIS APARTMENT COMMUNITIES October 22, 2003 Page 3 Planning and Building and Safety Divisions for the issuance of the Precise Grading Permit. 3) All retaining walls shall be constructed of decorative material consistent with the architectural theme and building materials used within the project. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 22ND DAY OF OCTOBER 2003. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA c a,BY: AA a EanybAlcNiel, Vice Chairman ATTEST- B u er, S 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 22nd day of October 2003, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, McNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS