HomeMy WebLinkAbout08-11 - Resolutions RESOLUTION NO. 08-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE
DRC2007-00553,A REQUEST TO CONSTRUCT PROPERTY LINE WALLS
RANGING FROM 6 FEET TO 9 FEET HIGH RELATED TO THE
PROPOSED DEVELOPMENT OF A SYNAGOGUE (DRC2006-00641),
LOCATED ON THE SOUTH SIDE OF 19TH STREET AND WEST OF
BERYL STREET; AND MAKING FINDINGS IN SUPPORT THEREOF —
APN: 0202-461-61.
A. Recitals.
1. WLC Architects, Inc. for Chabad of the Inland. Empire filed an application for the
issuance of Variance DRC2007-00553 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 27th day of February 2008, 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 February 27, 2008, including written and oral staff reports,
together with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to the undeveloped property located on the south side of
19th Street and west of Beryl Street. The vacant 1.67-acre site is approximately 200 feet wide,
320 feet deep and has an approximate 200-foot street frontage along 19th Street; and
b. The property is bordered by an existing residential development on the west and
south and by a proposed single-family subdivision to the east(DRC2006-00892 and SUBTT17769).
There are existing multi-family dwellings to the north across 19th Street; and
C. The property is roughly rectangular in shape and 1.67 acre in size, which is
adequate to accommodate the proposed improvements, including the provision of required on-site
parking and internal vehicular circulation; and
d. The applicant is requesting to construct property line walls that vary from 6 feet to
just over 8 feet in height, which is above the maximum 6 feet permitted in the City. The additional
wall height is necessary because of the grade difference between the applicant's site and the
existing single-family residences to the south and west. The applicant has agreed to make a
good-faith-effort to replace the existing retaining walls and wood fences with new combination walls.
PLANNING COMMISSION RESOLUTION NO. 08-11
VARIANCE DRC2007-00553 —WLC ARCHITECTS, INC.
February 27, 2008
Page 2
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. In that,the City has a policy of discouraging the placement of new walls
directly adjacent to existing walls. It is also City policy to have 6-foot high solid block walls at the
perimeter of residential developments. There is a grade difference between the proposed project
and the existing single-family residences to the south and west that make the replacement of the
existing combination retaining walls and wood fences impossible without the existing residences
having walls that are less than 6 feet high as measured from their side of the wall,which would be a
physical hardship for the existing property owners.
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. In that, the Development Code permits maximum 6-foot high walls
between residentially zoned properties. There is approximately a 4-foot grade difference between
the applicant's property and the existing single-family residences to the south and west. Without the
Variance, the property line walls would only be 4 feet high as measured on the neighboring property
owners' side of the wall. This would preclude the neighboring property owners from securing their
lots or from screening their lots from the applicant's proposed development.
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. In
that, 6-foot high property line walls are required between newly developed residentially zoned
properties. The existing grade difference along the south and west property lines would result in
property line walls with a height, as measured from the neighboring property owner's side of the wall,
of approximately 4 feet, which is 2 feet less than is common on similarly zoned properties in the
surrounding area.
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. In that, the
proposed additional wall height will allow the applicant to construct a single property line wall to
replace the existing series of retaining walls topped by 6-foot high fences that currently separate the
existing single-family residences and the applicant's property. The additional wall height will allow
the neighboring property owners to have walls with a height of 6 feet as measured from their side of
the walls, which is consistent with the surrounding properties
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. In that, the applicant
proposes constructing property line walls that will have a maximum height of 6 feet as viewed from
the adjacent property owners' side of the wall, which is the maximum permitted in the residential
zoning district in which the site is located. The additional wall height will only be visible on the
applicant's side of the wall.
4. The Planning Department staff has determined that the project is categorically exempt
from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA
Guidelines. The project qualifies as a Class 32 exemption under State CEQA Guidelines
Section 15332, which covers in-fill developments which meet the following criteria: 1) they are
PLANNING COMMISSION RESOLUTION NO. 08-11
VARIANCE DRC2007-00553 —WLC ARCHITECTS, INC.
February 27, 2008
Page 3
consistent with the General Plan; 2) they are of less than 5 acres; 3)they have no value as habitat
for endangered, rare or threatened species; 4) will not have significant effect on the environment
(traffic, noise, air quality, or water quality); and, 5) the site is adequately served by all required
utilities and public services. Having determined that the project meets all the above limitations,staff
finds that there is no substantial evidence that the project may have a significant effect on the
environment. The Planning Commission has reviewed the Planning Department's determination of
exemption, and based on its own independent judgment, concurs in the staffs determination of
exemption.
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) Approval is for the increase in the maximum height of property line
walls to a maximum calculated height of 9 feet.
2) All walls constructed on-site shall be finished in a decorative mannerto
complement or match the finish of the main building on the site.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 27TH DAY OF FEBRUARY 2008.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
i/ am Sfewart, Chairman
ATTEST: L7�qAA�
les R. Troyer, AICP, Secret ry
I, James R. Troyer,AICP, 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 27th day of February 2008, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, MUNOZ, STEWART, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: HOWDYSHELL