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HomeMy WebLinkAbout06-63 - Resolutions RESOLUTION NO. 06-63 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2006-00477, A REQUEST TO INCREASE THE PERMITTED WALL HEIGHT ALONG THE WEST PROPERTY LINE OF A PROPOSED 4-LOT SUBDIVISION BY A MAXIMUM 3 FEET IN ORDER TO ATTENUATE TRAFFIC NOISE FROM CARNELIAN STREET, IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE), LOCATED 100 FEET NORTH OF VIVERO STREET, ON THE EAST SIDE OF CARNELIAN STREET;AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0207-551-73. A. Recitals. 1. Nebs Home Development filed an application for the approval of Variance DRC2006-00477, 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 12th day of July 2006, 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 12, 2006, including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located 100 feet north of Vivero Street, on the east side of Carnelian Street, at the terminus of Candlewood Avenue; and b. The property is currently developed with a single-family residence; and C. Single-family residences bound the site on the north, south, and east. Carnelian Street comprises the west property line of the site and Candlewood Avenue dead-ends into the east property line of the site; and d. The proposed Variance would increase the maximum permitted wall height of 6 feet by an additional 3 feet along the west property line in order to construct combination retaining/garden walls. The acoustical analysis for the proposed four lot subdivision indicates the need for 7-foot high sound attenuation walls to mitigate for traffic noise from Carnelian Street. The 7-foot high property line walls will be on top of 2-1/2-foot to 3-foot high retaining walls. 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: PLANNING COMMISSION RESOLUTION No. 06-63 DRC2006-00477 — NEBS HOME DEVELOPMENT July 12, 2006 Page 2 a. The 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. In that, without the additional wall height, the future property owners of the proposed lots would be subjected to traffic noise in excess of that which is permitted in the City's General Plan; and b. 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 Low Residential District in that the proposed lots border Carnelian Street which the City's General Plan has designated to be within an existing noise contour that is above the maximum noise level permitted for residentially zoned property; and C. The 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 Residential Low District. Without the additional wall height,the future property owners of the proposed lots would be subjected to noise level in excess of other residents in the same district; and d. The granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the Low Residential District. The proposed walls will reduce the noise level on the subject lots to a level consistent with the General Plan and enjoyed by the other homeowners in the surrounding area; and e. 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. The additional height of the subject wall will be most apparent to the future homeowners of the proposed lots and will not otherwise affect the health, safety and welfare of the surrounding property owners. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, togetherwith all written and oral reports included forthe environmental assessmentfor the application,the Planning Commission finds thatthere is no substantial evidence thatthe project will have effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto m and incorporated herein by the reference, based upon the finding as follows: a. Pursuant to the California Environmental Quality Act("CEQA")and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that,with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. PLANNING COMMISSION RESOLUTION No. 06-63 DRC2006-00477— NEBS HOME DEVELOPMENT July 12, 2006 Page 3 C. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that the Mitigation Monitoring Program is designed to ensure compliance with the mitigation measures during the implementation of the project. The Planning Commission, therefore, adopts the Mitigation Monitoring Program for the project. d. Pursuant to the requirements of California Fish and Game Code Section 711.4 and Title 14 of the California Code of Regulations, Section 753.5,the Planning Commission finds, based on the Initial Study, the Mitigated Negative Declaration, and considering the record as a whole,that there is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. This is supported by the fact that the site is presently developed with a single-family home, has walls surrounding the entire lot, and is surrounded by existing development on all sides. Based on substantial evidence, the Planning Commission hereby makes a declaration rebutting the presumption of adverse effect as set forth in California Department of Fish and Game Regulation 753.5 (Title 14 of the California Code of Regulations Code, Section 753.5.) e. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 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 Department 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 the applicant of his obligations under this condition. 2) Variance 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. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION No. 06-63 DRC2006-00477 — NEBS HOME DEVELOPMENT July 12, 2006 Page 4 APPROVED AND ADOPTED THIS 12TH DAY OF JULY 2006. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: — a-Awzj am St rt, Chairman ATTEST: R- "+,A) J es R. Troyer, Secreta I, James R. Troyer, 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 12th day of July 2006, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, McPHAIL, MUNOZ, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS