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HomeMy WebLinkAbout11-57 - Resolutions RESOLUTION NO. 11-57 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2009-00020 TO ALLOW PERIMETER WALLS IN EXCESS OF 6 FEET, THE MAXIMUM WALL HEIGHT PERMITTED IN RESIDENTIAL DISTRICTS, FOR NOISE ATTENUATION PURPOSES ALONG THE PERIMETER OF A PROPOSED 76-LOT SUBDIVISION WITH A COMBINED AREA OF APPROXIMATELY 53 ACRES IN THE VERY LOW (VL) RESIDENTIAL DISTRICT, ETIWANDA SPECIFIC PLAN, LOCATED AT THE EAST SIDE OF EAST AVENUE, APPROXIMATELY 150 FEET NORTH OF THE FOOTHILL FREEWAY (SR-210); AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0225-191-03, 04, 13, 15,AND 20. A. Recitals. 1. Chaffey Joint Union High School District (Chaffey JUHSD) filed an application for the issuance of Variance DRC2009-00020 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 9th day of November 2011, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said 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 November 9, 2011, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application is related to Tentative Tract Map SUBTT18122 and Tree Removal Permit DRC2009-00224; and b. The application applies to a vacant project site located at the east side of East Avenue, approximately 150 feet north of the Foothill Freeway (SR-210); and C. The project area consists of five (5) parcels with a combined area of approximately 2,350,000 square feet (53 acres). The overall dimensions of the site are approximately 2,500 feet (east to west) by approximately 940 feet (north to south); and d. To the north of the western half of the project site, there are single-family residences. To the north of the eastern half of the site, there is ongoing grading and construction of new homes (Related file: Tract 17651). To the west, are additional single-family residences and a single vacant parcel. To the south, is a road used by the San Bernardino County Flood Control PLANNING COMMISSION RESOLUTION NO. 11-57 VARIANCE DRC2009-00020 — CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT November 9, 2011 Page 2 District for access to their facilities further to the east. Beyond this road, is the Foothill Freeway (SR-210). To the east, are vacant parcels; and e. The zoning of the property and all surrounding properties is Very Low (VL) Residential District, Etiwanda Specific Plan; and . f. The applicant is requesting a Variance to allow the construction of noise attenuating walls along the south, east, and west perimeters of the proposed subdivision that will be in excess of 6 feet in height; and g. Per Section 17.08.060(K)of the Development Code,the maximum height of walls permitted in residential districts is 6 feet; and h. The proposed walls will be approximately 6 to 15.5 feet above the pad elevations of lots adjoining the walls as seen from the interior of the subdivision. Depending on the location, some walls will be constructed over retaining walls, i.e. a combination wall. Therefore, as seen from the outside, the height of the walls will be greater. The general area where the walls will be highest is near the southeast corner of the subdivision at Lot 16 where the wall, as seen from the freeway, will be approximately 22 feet high; and 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. The proposed walls are for noise attenuation purposes to reduce the exterior noise levels at the lots along the perimeter of the proposed subdivision. The height of the walls is necessary to mitigate the noise impacts to a level that is less than 65 dBA CNEL(community noise equivalent level) as specified in the Development Code. If the walls were limited to 6 feet as specified in the Code, or if the walls were absent altogether, the exterior noise levels would not comply with the Code, nor be consistent with Public Health and Safety policies relating to noise (Goal PS-13 of the General Plan). There is no practical alternative to walls that will achieve the desired noise attenuation. 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. The project site is located approximately 150 feet north of the Foothill Freeway (SR-210) at the east side of East Avenue. As a result, it is exposed to noise generated by traffic that is generally not present near other residential properties in the City which are screened by existing development and/or sufficiently distant from these principal noise sources that noise impacts are negligible. 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. The purpose of the walls is to attenuate traffic noise. The exterior noise levels generated by traffic exceed the maximum limits established by the Development Code and would negatively affect a future homeowner's ability to enjoy and use the outdoor areas of his property in the absence of these walls. Furthermore, the effectiveness of noise attenuating materials used in the construction of the homes is augmented by the presence of the noise attenuating perimeter wall. The absence of the wall would reduce the effectiveness of noise mitigation measures and expose the occupants of the homes to elevated interior noise. PLANNING COMMISSION RESOLUTION NO. 11-57 VARIANCE DRC2009-00020— CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT November 9, 2011 Page 3 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. The Foothill Freeway (SR-210) corridor within the City is adjacent to numerous residential properties. Traffic noise impacts along the corridor must be mitigated to levels as described in the Development Code and consistent with the General Plan. The freeway corridor abuts various residential zoning districts including the Very Low (VL) Residential Districts. Walls of this height, or similar, are common along the freeway corridor for noise attenuation purposes where residential properties are adjacent to the freeway. 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. The height of the walls as seen from East Avenue will be 6 feet and will not be adjacent to any private property. In addition to appearing to have the typical height of a perimeter wall, the wall along with associated landscaping, will be constructed per the decorative design shown in Figure 5-28A of the Etiwanda Specific Plan. The height of the wall as seen from the Foothill Freeway (SR-210)will be similar to the height of other noise attenuation walls along the freeway corridor within the City. This wall will be constructed per the decorative design established by Caltrans. The properties adjacent to the wall along the east perimeter of the proposed subdivision are vacant. This wall will be constructed of decorative block per the City's design guidelines. Upon development of the properties to the east of Lots 17 through 22, any residential structures, in compliance with the minimum rear yard setback standard,will be at least 60 feet from the wall. The lot immediately east of Lot 16 will likely have a matching pad elevation when it is developed to match the proposed subdivision (for grading, street alignment, and drainage purposes). Therefore,the retaining portion of the wall (approximately 7.5 feet in height) as seen from this lot, would be buried reducing the visible height of the wall. 4. The Planning Department staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, staff determined that, with the imposition of mitigation measures related to biological resources, hydrology and water quality, noise, and air quality, 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, staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. A Mitigation Monitoring Program has also been prepared to ensure implementation of, and compliance with,the mitigation measures for the project. 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 and the attached Standard Conditions. Planning Department 1) Approval is for perimeter walls in excess of 6 feet, the maximum wall height permitted in residential districts, for noise attenuation purposes along the perimeter of a proposed 76-lot subdivision with a combined area of approximately 53 acres in the Very Low (VL) Residential District, Etiwanda Specific Plan, located at the east side of East Avenue, approximately 150 feet north of the Foothill Freeway (SR-210) -APN: 0225-191-03, 04, 13, 15, and 20. PLANNING COMMISSION RESOLUTION NO. 11-57 VARIANCE DRC2009-00020 — CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT November 9, 2011 Page 4 2) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 3) The noise attenuation wall along the south perimeter of the subdivision, parallel to the Foothill Freeway (SR-210), shall be constructed per Caltrans standard. 4) The wall along the west perimeter of the subdivision, parallel to East Avenue shall be constructed per the decorative design shown in Figure 5-28A of the Etiwanda Specific Plan. 5) All Conditions of Approval for Tentative Tract Map SUBTT18122 shall apply. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF NOVEMBER 2011. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA C BY: l �' Luis Munoz, Jr., Chairmad ATTEST: Jarf R. Troyer, AICP, Secre 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 9th day of November 2011 by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WZMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE