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Home My WebLink About05-84 - Resolutions RESOLUTION NO. 05-84 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2005-00614 TO ALLOW AN EXTENSION OF THE HEIGHT OF A RETAINING WALL FROM 3.5 FEET TO 5.5 FEET WITHIN THE PREVIOUSLY APPROVED TRACT SUBTT16421, LOCATED ON THE SOUTH SIDE OF WILSON AVENUE, EAST OF HERMOSAAVENUE;AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0201-182-03. A. Recitals. 1. Wilson Estates L.P.filed an application for the issuance of Variance DRC2005-00614,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 14th day of September 2005, 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 September 14, 2005, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located on the south side of Wilson Avenue, with a street frontage of 198 feet and lot depth of 615 feet, and is presently rough graded; and b. The properties to the north, south, and east are single-family residences, to the west is Hermosa Elementary School; and C. The Development Code allows single-family properties within the Very Low Residential District to maintain a 3-foot maximum wall height in the front yard area; and d. The applicant is proposing to increase the wall height to 5.5 feet to allow a retaining wall for street improvement purposes; and e. The application applies to the property currently rough graded homes slated for construction; and PLANNING COMMISSION RESOLUTION NO. 05-84 DRC2005-00614—WILSON ESTATES September 14, 2005 Page 2 f. Some of the surrounding properties with single-family homes meet the required retaining wall height; and g. Strict enforcement of the height limit of the retaining wall would necessitate substantial import of fill dirt to artificially raise the southerly portion of Tract SUBTT16421. This would create other design challenges, including, but not limited to, impacts upon views from residences downhill of said Tract SUBTT16424. Tract SUBTT16421 is under construction, and strict enforcement of the height limit of the retaining wall would also require substantial changes to grading improvements already made to the property, revisions to the approved street improvement plans. This would ultimately extend the construction schedule and associated impacts upon the surrounding neighborhood. The advanced stage of construction would result in a practical difficulty in meeting the wall height requirement. h. There are many infill projects in the area that have approved variances for wall heights. 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; and 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; and C. That strict or literal interpretation and enforcement of the specified regulation would not deprive the applicant of privileges enjoyed by the owners of other properties in the same district; and d. That the granting of the Variance will not constitute a grant of special privileges inconsistent with the limitations on other properties classified in the same district; and 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 of 1970,as amended, and the Guidelines promulgated thereunder, pursuant to Section 15303 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. PLANNING COMMISSION RESOLUTION NO. 05-84 DRC2005-00614—WILSON ESTATES September 14, 2005 Page 3 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF SEPTEMBER 2005 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Pam Chairm ATTEST: NL�an, 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 14th day of September 2005, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, McNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2005-00614 SUBJECT: VARIANCE FOR A RETAINING WALL HEIGHT APPLICANT: WILSON ESTATES L.P. LOCATION: SOUTH SIDE OF WILSON AVENUE, EAST OF HERMOSA ELEMENTARY ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (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. B. Time Limits 1. 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 Department,the conditions contained herein, Development Code regulations, the Hillside Residential District. 2. 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-1-05 1