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Home My WebLink About04-04 - Resolutions RESOLUTION NO. 04-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING MINOR EXCEPTION DRC2003-00726, A REQUEST TO EXTEND THE PERIMETER WALL HEIGHT ALONG THE NORTHERN AND EASTERN BOUNDARY OF THE PROJECT TO 8 FEET, AND TO EXTEND THE PERIMETER WALL HEIGHT ALONG THE SOUTHERN BOUNDARY OF THE PROJECT TO7 FEET, FOR DEVELOPMENT REVIEW DRC2003-00358, THE DESIGN REVIEW OF 6 SINGLE-FAMILY DETACHED HOMES FOR TENTATIVE TRACT MAP SUBTT16554 IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE), LOCATED AT THE SOUTHWEST CORNER OF BASE LINE ROAD AND HERMOSA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-041-57. A. Recitals. 1. Pinewave Design and Engineering, filed an application for the issuance of Minor Exception DRC2003-00726, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Minor Exception request is referred to as "the application." 2. On the 14th day January 2004, the Planning Commission of the City of Rancho Cucamonga held a meeting to consider the application. 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 meeting on January 14, 2004, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to Development Review DRC2003-00358 and Tentative Tract Map SUBTT16554, a 6-lot single-family in-fill project, located at the southwest comer of Base Line Road and Hermosa Avenue; and b. The property to the north of the subject site across Base Line Road is developed with condominiums, the properties to the south and west are developed with single-family homes, and the property to the east is developed with an electrical substation; and C. The proposed use, together with 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; and d. The Minor Exception request is to extend the perimeter wall height along the northern and eastern boundary of the project to 8 feet, and to extend the perimeter wall height along the southern boundary of the project to 7 feet; and PLANNING COMMISSION RESOLUTION NO. 03-04 ME DRC2003-00726 — PINEWAVE DESIGN AND ENGINEERING January 14, 2004 Page 2 e. Literal enforcement of the standard wall height would cause a physical hardship and practical difficultly for development of the property by making it infeasible for the project to meet the exterior noise standards of the City; and f. There are exceptional circumstances applicable to the subject property that do not apply to a majority of other properties in the immediate surrounding area because the project is bounded on the north by an arterial street and on the east by a secondary street,which make the site subject to noise levels greater than 60dBA; and g. Literal enforcement of the wall height standards would deprive the applicant of development enjoyed by other properties in the Haven Avenue Overlay District by requiring the applicant to significantly alter the proposed design of the project in order to meet the required noise levels; and h. The granting of the Minor Exception will not constitute a special privilege because there are unique site conditions (i.e., traffic noise levels generated on two frontages of the project site greater than 60dBA) and the granting of the Minor Exception will not constitute a special privilege inconsistent with the limitations on other properties in the same zone in that Minor Exceptions for wall heights have been granted for other projects for sound attenuation purposes. 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 the strict or literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary hardship inconsistent with the objectives of the General Plan and intent of the Development Code. b. That there are exceptional 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. C. That the strict or literal interpretation and enforcement of the specified regulations would deprive the applicant of privileges enjoyed by other property owners in the same district. d. That the granting of the Minor Exception will not constitute a grant of a special privilege inconsistent with the limitations on other properties classified in the same district, and 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 Minor Exception 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. All requirements for use of that exemption have been satisfied, including, but not limited to, land use, density and average slope. 5. 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 and in the Standard Conditions, attached hereto and incorporated herein by this reference: PLANNING COMMISSION RESOLUTION NO. 03-04 ME DRC2003-00726— PINEWAVE DESIGN AND ENGINEERING January 14, 2004 Page 3 1) Minor Exception approval shall expire if building permits are not issued within 5 years from the date of approval. 2) Approval is to extend the perimeter wall height along the northern and eastem boundary of the project to 8 feet, and to extend the perimeter wall height along the southern boundary of the project to 7 feet. 3) All applicable Conditions of Approval per Resolution No. 04-03 approving Development Review DRC2003-00358 shall apply. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JANUARY 2004. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Rich Macias, Chairman ATTEST: Brame ecreta 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 14th day of January 2004, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, McNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2003-00726 SUBJECT: MINOR EXCEPTION FOR 8-FOOT PERIMETER WALL APPLICANT: PINEWAVE DESIGN AND ENGINEERING LOCATION: SOUTHWEST CORNER OF HERMOSA AVENUE AND BASE LINE ROAD ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACTTHE PLANNING DIVISION,(909)477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/ agents,officers,or employees, because of the issuance of such approval,or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may,at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No.04,Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s)are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. B. Time Limits 1. Conditional Use Permit, Variance, or Development/Design Review approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include site plans,architectural elevations,exterior materials and colors, landscaping,sign program,and grading on file in the Planning Division, the conditions contained herein, Development Code regulations. 2. Prior to any use of the project site or business activity being commenced thereon,all Conditions of Approval shall be completed to the satisfaction of the City Planner. SC-10-03 1 Project No. DRC2003-00726 Completion Date 3. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 4. Approval of this request shall not waive compliance with all sections of the Development Code,all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. SC-10-03 2