The URL can be used to link to this page

Home My WebLink About03-49 - Resolutions RESOLUTION NO. 03-49 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2002-00621, A REQUEST TO REDUCE THE REQUIRED PARKING AND LANDSCAPING SETBACKS FROM 45 FEET TO 20 FEET, THE REQUIRED PARKING FROM 38 TO 35 PARKING SPACES, AND HE REQUIRED LOT SIZE FROM 5 ACRES TO .42 ACRE OF LAND TO ALLOW FOR THE CONSTRUCTION OF A TWO TENANT 2,800 SQUARE FOOT BUILDING WITH A DRIVE-THRU ON AN EXISTING .42 ACRE PARCEL IN THE REGIONAL RELATED COMMERCIAL DISTRICT, LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND THE 1-15 FREEWAY NORTHBOUND ON-RAMP, AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 0227-211-27 A. Recitals. 1. Fountainhead Shrugged filed an application for the issuance of Variance DRC2002-00621, 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 26th day of March 2003, 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 March 26, 2003, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at the northeast comer of Foothill Boulevard and the 1-15 Freeway northbound on-ramp with a street frontage of 117 feet on Foothill Boulevard and a lot depth of 219 feet. The site is presently vacant; and b. The site is bounded to the north and west by the 1-15 Freeway, to the east by Sacred Heart Catholic Church, and to the south by Foothill Boulevard. Access to the site will be shared with Sacred Heart Catholic Church; and C. The application was filed in conjunction with a request for Conditional Use Permit DRC2002-00519 to develop a 2,800 square foot building with a drive-thru; and d. The application proposes to reduce the required minimum developable lot size from 5 acres to .42 acre of land. The Development Code requires a minimum lot size of 5 acres in the Regional Related Commercial District. Although the lot size does not meet development criteria,the PLANNING COMMISSION RESOLUTION NO. 03-49 DRC2002-00621 — FOUNTAINHEAD SHRUGGED March 26, 2003 Page 2 parcel is unique to other parcels in the district in that it is constrained by the 1-15 Freeway to the north and west, Foothill Boulevard to the south, and Sacred Heart Church to the east. This is an existing lot of record with no opportunity to expand in any direction. Strict and literal interpretation and enforcement of the specified regulations would deprive the applicant the opportunity to develop the property, a privilege enjoyed by other owners of other properties in the same district. e. The reduction in the parking and landscaping setback along Foothill Boulevard is necessary to accommodate a City requirement to construct a right-tum lane onto the 1-15 freeway northbound on-ramp. Without this requirement, the project would meet the 30-foot setback for parking and 45-foot average (not less than 30 feet) landscaping setback requirement along Foothill Boulevard. The reduction in the parking and landscaping setback is visually mitigated through the creative use of landscaped berms and a low decorative wall along the Foothill Boulevard frontage which will screen views of parking, the drive-thru, and utilitarian features and enhance the street scene. In addition, the odd, triangular shape of the site further restricts what the site can accommodate; and f. The application proposes to reduce the required amount of parking from 38 parking spaces to 35 parking spaces. The proposed building (2,800 square feet) is required to be parked as a fast food drive-thru facility at a ratio of 1 parking space per 75 square feet of gross floor area, including an outdoor dining area for a total of 38 required parking spaces. The applicant has entered into an agreement with the adjoining Sacred Heart Catholic Church to share a portion of their parking lot in order to provide a total of 35 parking spaces. The applicant is proposing a two tenant building, identifying Starbucks as the primary drive-thru tenant. If the project is built as proposed, Starbucks will occupy 1,500 square feet (20 parking spaces required) of the building, with a second tenant to occupy the remaining 1,300 square feet(requiring 18 parking spaces). Because a second tenant is not identified at this time, the strictest and most literal interpretation of the code would require parking calculations based upon the site's maximum potential, that is, a fast food restaurant at a ratio of 1 parking space per 75 square feet of gross floor area. A drive-thru coffee shop is a unique situation different from typical fast food drive-thru restaurants. The majority of customers will use the drive-thru lane. A detailed analysis was conducted of a comparable Starbuck's drive-thru restaurant located on Foothill Boulevard at the 210 Freeway on/off ramps in La Verne. The study concluded that the typical customer service time (tum-over rate)was 57 seconds. Because of the very small lot size, the triangular shape of the parcel, a variance is necessary to allow for a reduction of three parking spaces. 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 regulation would result in practical difficulty or unnecessary physical hardship for the applicant, thereby denying him the opportunity to develop his property, a privilege enjoyed by other owners of other properties in the same district. b. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of this property that do not apply generally to other properties in the same district. 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. PLANNING COMMISSION RESOLUTION NO. 03-49 DRC2002-00621 — FOUNTAINHEAD SHRUGGED March 26, 2003 Page 3 d. That the granting of the variance would not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 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. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the application subject to the following conditions. Planning Division 1) The developer shall enter into a reciprocal parking agreement, to the satisfaction of the City Planner and City Attorney, with the adjoining property owner (Sacred Heart Catholic Church) for shared use of off-site parking spaces as shown on the development plans. Said agreement shall be recorded, and a copy provided to the City, prior to the issuance of building permits. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 26TH DAY OF MARCH 2003. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ' Larry . cNiel, Chairman ATTEST: Brad B er, cret I, Brad Buller, 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 26th day of March 2003, by the following vote-to-wit: AYES: COMMISSIONERS: MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS