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HomeMy WebLinkAbout13-40 - Resolutions RESOLUTION NO.13-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING MINOR EXCEPTION DRC2013-00780, A REQUEST TO INCREASE THE BOUNDARY WALL HEIGHTS ALONG THE NORTH AND WEST TRACT BOUNDARIES WITHIN THE VERY LOW RESIDENTIAL DISTRICT OF THE ETIWANDA NORTH SPECIFIC PLAN, LOCATED ON THE NORTHWEST CORNER OF WARDMAN BULLOCK ROAD AND WILSON AVENUE;AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 0226-081-05AND 06. A. Recitals. 1. Steven Ford, on behalf of Pulte Homes, filed an application for the approval of Minor Exception DRC2013-00780, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application." 2. On the 25th day of September 2013, the Planning Commission of the City of Rancho Cucamonga conducted a 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 25, 2013, 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 at the northwest corner of Wardman Bullock Road and Wilson Avenue,with a street frontage of 1,287 feet and lot depth of approximately 1,313 feet and is presently vacant land; and b. The property to the north of the subject site is a partially built subdivision of single-family residences;the property to the south and east across Wardman Bullock Road consists of existing single-family residences; and the property to the west is the flood control basin; and C. The proposed use together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity as the increase in the height of the wall to 8 feet is required for the tract boundary to meet the requirements of the Fire Protection Plan; and d. The project includes the concurrent submittal of a Development Review to construct 53 single-story, single—family residences. 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, 13-40 MINOR EXCEPTION DRC2013-00780 — PULTE HOMES September 25, 2013 Page 2 a. The proposed development is of sufficient size and is designed so as to provide a desirable environment within its own boundaries. Increasing the wall height by 2 feet will provide better fire protection along the west and north tract boundaries that are adjacent to the Flood Control open space area. b. The proposed development is compatible with the existing and proposed land uses in the surrounding area as the applicant is proposing to construct single-story, single-family residences as part of this application, and there are residential developments to the south and east of the project with a partially constructed residential tract to the north. This application will allow for the privacy and protection of the future residents. C. Any exceptions to or deviation from the density, requirements,or design standards, result in the creation of project amenities that would not be available through strict adherence to Code provisions(e.g., additional open space, protection of natural resources, improved pedestrian connectivity, public plazas). The Minor Exception will not constitute a grant of special privilege or amenity not available to other properties classified in the same district, and will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements within the vicinity. The Minor Exception will allow a wall to provide fire protection for the tract along the north and west tract boundaries which are located adjacent to the Flood Control open space area. These are amenities other property owners in the area also enjoy. d. That the granting of the Minor Exception will not adversely affect the interest of the public or the interest of the residents and property owners in the vicinity of the premises in question as the increased heights will be located along the tract boundary and will architecturally match the existing walls in the area. e. The Minor Exception is consistent with the General Plan and the Etiwanda North Specific Plan in that it helps encourage new development by allowing the applicant to provide privacy and fire protection to the lots along the north and west tract boundaries that are enjoyed by the other property owners in the area. f. The Minor Exception is the minimum required in that it allows the specified improvement to occur, but does not provide additional development rights. The granting of the Minor Exception does not provide a special privilege inconsistent with the limitations on other properties classified in the same district as all properties shall meet the minimum fire protection allowed by a particular plan. 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act(CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act("CEQA") and the City's local CEQA Guidelines, the City adopted a Mitigated Negative Declaration in January 9, 2013, in connection with the City's approval of Tentative Tract Map SUBTT18741. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii)substantial changes have occurred in the circumstances under which the project was previously PLANNING COMMISSION RESOLUTION NO. 13-40 MINOR EXCEPTION DRC2013-00780— PULTE HOMES September 25, 2013 Page 3 reviewed that indicates new or more severe environmental impacts;or(iii)new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. b. The Planning Commission finds, in connection with the Minor Exception, that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration. The development review proposes the construction of 53 single-family residences as evaluated in the previous initial study. Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less-than-significant. The proposed construction of the single-family residences meets the requirements of the Development Code and specific plan in which the project site is located. C. Based on these findings and all evidence in the record, the Planning Commission concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of the Minor Exception. 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 Mitigation Measures provided in Tentative Tract Map SUBTT18823. Planning Department 1) Approval of this resolution is for the increase of wall height to 8 feet on the north and west tract boundary of Tract 18741. 2) 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. 3) Prior to any use of the project site, all Conditions of Approval shall be completed to the satisfaction of the Planning Manager. 4) The applicant shall comply with all applicable codes and obtain the necessary Building Permits from the Building and Safety Services Department. 5) All retaining walls visible to public view shall be decorative and adhere to the Etiwanda North Specific Plan neighborhood theme design requirements. PLANNING COMMISSION RESOLUTION NO. 13-40 MINOR EXCEPTION DRC2013-00780— PULTE HOMES September 25, 2013 Page 4 6) 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. 4. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF SEPTEMBER 2013. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Frances Howdyshell, Chairman ATTEST: oe'-Q. TDAAix= 1�andA Burnett, Secret I, Candyce Burnett, Secretary of the Planning Commission for 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 25th day of September 2013, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL,MUNOZ,OAXACA,WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE