HomeMy WebLinkAbout13-15 - Resolutions RESOLUTION NO. 13-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA,APPROVING MINOR EXCEPTION
DRC2012-01096, A REQUEST TO ALLOW THE CONSTRUCTION OF
INTERIOR PROPERTY LINE WALLS THAT WILL EXCEED THE MAXIMUM
HEIGHT LIMIT OF 6 FEET (BUT NOT TO EXCEED 8 FEET IN HEIGHT)
BECAUSE OF GRADE DIFFERENCES BETWEEN LOTS IN
CONJUNCTION WITH A PROPOSED SINGLE-FAMILY RESIDENTIAL
SUBDIVISION OF 43 LOTS ON A PARCEL OF 9.58 ACRES WITHIN THE
LOW MEDIUM (LM) RESIDENTIAL DISTRICT, ETIWANDA SPECIFIC
PLAN (SOUTH OVERLAY), LOCATED AT THE SOUTHEAST CORNER OF
ETIWANDA AND MILLER AVENUES; AND MAKING FINDINGS IN
SUPPORT THEREOF —APN: 1100-131-01.
A. Recitals.
1. Lennar Homes of California filed an application for the issuance of Minor Exception
DRC2012-01096, 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 13th day of March 2013, 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 meeting on March 13, 2013, including written and oral staff reports, together with
public testimony, this Commission hereby specifically finds as follows:
a. The application applies to a vacant parcel located at the southeast corner of
Etiwanda and Miller Avenues; and
b. The project site is a vacant parcel of approximately 417,300 square feet
(9.6 acres). The overall dimensions of the site are approximately 660 feet (north to south) by
660 feet (east to west); and
C. To the north and south, are single-family residences; to the east, is
Perdew Elementary School; and across the street to the west, is an apartment complex; and
d. The zoning of the property and all surrounding properties to the north, south, and
east is Low Medium (LM) Residential District, Etiwanda Specific Plan (South Overlay); and the
property to the west is zoned Medium (M) Residential District, Etiwanda Specific Plan
(South Overlay); and
PLANNING COMMISSION RESOLUTION NO. 13-15
MINOR EXCEPTION DRC2012-01096 — LENNAR HOMES OF CALIFORNIA
March 13, 2013
Page 2
e. This application is in conjunction with Conditional Use Permit DRC2012-00968 and
Development Review DRC2012-00968D; and
f. The applicant is requesting a Minor Exception to allow the construction of
combination walls(garden/screen walls on top of retaining walls)with a height of up to 8 feet along the
rear and interior property lines of several lots within the proposed subdivision; and
g. Per Table 17.48.050-1 of the Development Code, the maximum wall height of
fences and walls along the rear and interior property lines is 6 feet.
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. The proposed development is of sufficient size and is designed so as to provide a
desirable environment within its own boundaries. The Minor Exception applies to various lots within
the proposed subdivision. All lots comply with the applicable development standards for minimum
lot area, minimum lot depth, and minimum lot width. The construction of these walls will allow each
lot to have adequate screening and usable yard area.
b. The proposed development is compatible with the existing and proposed land uses
in the surrounding area. The Minor Exception does not change the residential land use of the
project site, nor does it affect the residential land uses within the surrounding areas.
C. Any exceptions or deviations from the density requirements or design standards
result in the creation of project amenities that would not be available through the strict adherence to
the Code provisions. The Minor Exception will not result in a substantially larger house,an increase
in lot coverage, an increase in density, or adjustments to the physical lot area of the subject lots.
d. Granting the Minor Exception will not adversely affect the interests of the public or
the interests of residents and property owners in the vicinity of the premises in question. As most of
the walls will be along common interior side property lines,the increased height of the walls will not
be observable from public view;where the walls are located adjacent to a street(at Lots 42 and 43),
the increased height of the wall will be most observable from the interior of the project site.
e. The Minor Exception is consistent with the General Plan and Etiwanda Specific
Plan. The General Plan designation of the project site is Low Medium Residential and the zoning of
the property is Low Medium (LM) Residential District. The Minor Exception does not affect the
General Plan designation, zoning designation, or the residential purpose of the project site.
f. The exception is the minimum required in that it allows the specified improvement
or development to occur, but does not provide additional development rights. The Minor Exception
will allow the applicant to construct walls that will provide adequate property screening/security and
usable yard area and are similar to other walls that have been constructed for the same purpose
because of similar site conditions. The walls will be consistent with the standards and guidelines of
the City.
4. Pursuant to the California Environmental Quality Act("CEQA")and the City's local CEQA
Guidelines, the City adopted a Negative Declaration in December 2008 in connection with the City's
approval of Tentative Tract Map SUBTT18446. Pursuant to CEQA Guidelines Section 15162, no
PLANNING COMMISSION RESOLUTION NO. 13-15
MINOR EXCEPTION DRC2012-01096 — LENNAR HOMES OF CALIFORNIA
March 13, 2013
Page 3
subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent
discretionary approvals of the same project. No substantial changes are proposed to the project
that indicate new or more severe impacts on the environment; no substantial changes have
occurred in the circumstances underwhich the project was previously reviewed that indicates new or
more severe environmental impacts; no new important information shows that the project will have
new or more severe impacts than previously considered;and no additional mitigation measures are
now feasible to reduce impacts or different mitigation measures can be imposed to substantially
reduce impacts. There have been no substantial changes to the project or the circumstances
surrounding the project which would create new or more severe impacts than those evaluated in the
previous Negative Declaration. The previously approved subdivision is for the purpose of residential
development; this project is consistent with that purpose. Staff further finds that the project will not
have one or more significant effects not discussed in the previous Negative Declaration,and will not
have more severe effects than previously analyzed. Additional mitigation measures that are
required (and included in the Resolution of Approval for Development Review DRC2012-00968D),
are in response to the Noise Analysis that was prepared in November 13, 2012 (and revised in
December 13, 2012) by Urban Crossroads to determine the specific mitigations that would be
necessary to reduce the noise impacts on the proposed single-family residences to a level of
less-than-significant.
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 in the Standard Conditions, attached hereto and incorporated herein by this reference.
Planning Department
1) Approval is for the construction of property line walls that will exceed
the maximum height limit of 6 feet(but not to exceed 8 feet in height)
because of grade differences between lots in conjunction with a
proposed single-family residential subdivision of 43 lots on a parcel of
9.58 acres in the Low Medium (LM) Residential District,
Etiwanda Specific Plan (South Overlay), located at the southeast
corner of Etiwanda and Miller Avenues -APN: 1100-131-01.
2) The wall segments that are visible to the public and/or are located
along the perimeter of the project site shall be constructed of
decorative masonry block such as slumpstone or stackstone or have a
decorative finish such as stucco.
3) Approval of this request shall not waive compliance with any sections
of the Development Code, Etiwanda Specific Plan, State Fire Marshal's
regulations, Uniform Building Code, or any other City Ordinances.
4) All Conditions of Approval for Tentative Tract Map SUBTT18446,
Conditional Use Permit DRC2012-00968, and Development Review
DRC2012-00968D shall apply.
PLANNING COMMISSION RESOLUTION NO. 13-15
MINOR EXCEPTION DRC2012-01096— LENNAR HOMES OF CALIFORNIA
March 13, 2013
Page 4
6. The Secretary to this Commission shall certify the adoption of this Resolution.
APPROVED AND ADOPTED THIS 13TH DAY OF MARCH 2013.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
Frances Howdyshell, Chairman
ATTEST:
Candyce 6knett, Planning Manager
I, Candyce Burnett, Planning Manager 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 13th day of March 2013, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER; OAXACA
NOES: COMMISSIONERS: MUNOZ
ABSENT: COMMISSIONERS: HOWDYSHELL; WIMBERLY
ABSTAIN: COMMISSIONERS: NONE
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT#: DRC2012-01096
SUBJECT: MINOR EXCEPTION
APPLICANT: LENNAR HOMES OF CALIFORNIA
LOCATION: SOUTHEAST CORNER OF ETIWANDA AND MILLER AVENUES -APN: 1100-131-01
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.
2. Copies of the signed Planning Commission Resolution of Approval No. 13-15, 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. Any approval shall expire if building permits are not issued or approved use has not commenced
within 5 years from the date of approval or a time extension has been granted.
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, the Development
Code regulations, and the Etiwanda Specific Plan.
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 Planning Director.
Project No. DRC2012-01096
Completion Date
3. Occupancy of the facilities shall not commence until such time as all California Building Code and
State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be
submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety
Services Department to show compliance. The buildings shall be inspected for compliance and
final acceptance granted prior to occupancy.
4. Revised site plans and building elevations incorporating all Conditions of Approval shall be
submitted for Planning Director review and approval prior to the issuance of building permits.
5. 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.
6. Approval of this request shall not waive compliance with all sections of the Development Code,all
other applicable City Ordinances, and applicable Community, Specific Plans and/Oor Master
Plans in effect at the time of building permit issuance.
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