HomeMy WebLinkAbout15-56 - Resolutions RESOLUTION NO. 15-56
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE
DRC2013-00790,A REQUEST TO REDUCE THE REQUIRED REAR YARD
SETBACK FROM 25 FEET TO 5 FEET AND TO REDUCE THE REQUIRED
SIDE YARD SETBACK FROM 5 FEET TO 1 FOOT RELATED TO
CERTIFICATE OF APPROPRIATENESS DRC2013-00789 FOR THE
CUCAMONGA GAS STATION LOCATED AT 9670 FOOTHILL
BOULEVARD, AND MAKING FINDINGS IN SUPPORT THEREOF - APN:
0208-153-05.
A. Recitals.
1. Route 66 Inland Empire California (IECA), applicant and property owner, filed an
application for the approval of Variance DRC2013-00790 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 22nd day of July 2015, 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 July 22, 2015, 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 9670 Foothill Boulevard, presently
developed with the Cucamonga Gas Station. Route 66 IECA acquired the property in February 2013
and is proposing to restore the property in phases; and
b. The Cucamonga Gas Station was designated as a Historic Landmark by the City
Council on April 15, 2009. Route 66 IECA proposes to restore the property in three (3) phases:
Phase 1 improvements included sandblasting and re-painting the existing building as well as
installing a new`Richfield" sign. Phase 2 includes improvements that will allow the front building to
be open to the public, including interior improvements, temporary parking lot improvements, and
installation of temporary exterior restrooms. Phase 3 includes the reconstruction of the rear 1,882
square foot service garage that will include an office, conference room,garage museum, permanent
public restrooms, and permanent parking facilities; and
c. The properties to the north are developed with single-family residences,to the east
are commercial uses and a public alley, to the south are existing commercial uses, and to the west
is vacant land, which currently is pending a new commercial development; and
PLANNING COMMISSION RESOLUTION NO. 15-56
DRC2013-00790 - ROUTE 66 IECA
July 22, 2015
Page 4
d. The applicant is requesting a Certificate of Appropriateness application for the
restoration of the front building and reconstruction of the rear building; and
e. The lot is 9,490 square feet in size and has a width of 73 feet and a depth of 130
feet after street right-of-way dedication. The lot size and dimensions make it difficult to develop
without the approval of a Variance. The applicant has submitted a Variance (DRC2013-00790)
requesting a reduction of the rear yard setback by 20 feet, and for the reduction of the side yard
setback by 4 feet.
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 lot is 9,490 square feet in size and has a width of 73 feet and a
depth of 130 feet after street right-of-way dedication. Without a reduction of the rear yard setback
by 20 feet, and the reduction of the side yard setback by 4 feet, it would be difficult to recreate the
historic property, which is consistent with historic preservation goals identified in the General Plan
such as Goal LU-16: Protect historic resources; and Goal LU-21: Preserve and interpret Historic
Route 66 for residents, visitors, and business 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. The lot is 9,490 square feet in size and has a width of 73 feet and a
depth of 130 feet after street right-of-way dedication. The rear building that collapsed abutted the
property lines, and the reconstruction of the historic building is consistent with historic preservation
goals identified in the General Plan such as Goal LU-16: Protect historic resources; and Goal LU-21:
Preserve and interpret Historic Route 66 for residents, visitors, and business owners.
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.
Without the reduction in the rear and side yard setback requirement, the applicant would be limited
to building a structure that does not recreate the buildings that previously existed on the site.
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 proposed
reduction in the rear and side yard setback will allow the applicant to restore a designated historical
resource to its original size and placement on the property for an adaptive reuse project that is
consistent with General Plan historic preservation goals. Typically, historic buildings deviate from
current code requirements and there are examples in the surrounding area or within the same zone.
It is common practice to grant Variances where there are unusual circumstances into private
property such as lot size, especially for historic 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. The applicant
proposes to recreate a previously existing historical site which will not be out of character with the
surrounding neighborhood area. The reduction in the rear and side yard setback will not negatively
impact the ability of other uses in the area to function or operate.
PLANNING COMMISSION RESOLUTION NO. 15••5(o
DRC2013-00790 - ROUTE 66 IECA
July 22, 2015
Page 4
4. Prior to any action being taken on this entitlement, the Planning Department Staff
determined that the project is categorically exempt from the requirements of the California
Environmental Quality Act (CEQA) and the City's CEQA Guidelines as a Class 31 (CEQA
Guidelines Section 15331) exemption which covers historical resource restoration/reconstruction.
The scope of the project includes the restoration of an existing historic building and the
reconstruction of a historic building that used to exist. Staff finds that there is no substantial
evidence that the project will have a significant effect on the environment. The Historic Preservation
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 and in the attached standard conditions incorporated herein by this reference.
Planning Department
1) Approval is for the reduction of the rear yard setback by 20 feet, and for
the reduction of the side yard setback by 4 feet for the rear building
reconstruction of this building located at 9670 Foothill Boulevard;APN:
0208-153-05.
2) Approval is contingent on Historic Preservation Commission approval
of Certificate of Appropriateness DRC2013-00789.
3) 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.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 22ND DAY OF JULY 2015.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Ravenel Wimberly, Chairman
ATTEST:
Candyce Burnett, Secretary
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 22nd day of July 2015, by the following vote-to-wit:
PLANNING COMMISSION RESOLUTION NO. 15-56
DRC2013-00790 - ROUTE 66 IECA
July 22, 2015
Page 4
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MUNOZ
ABSTAIN: COMMISSIONERS: NONE
Conditions of Approval
E
RANCHO Community Development Department
CUCAMONGA
Project#: DRC2013-00789 DRC2013-00790, DRC2015-00667
Project Name: Historic Cucamonga Gas Station
Location: 9670 FOOTHILL BLVD - 020815305-0000
Project Type: Certificate of Appropriateness Variance, Variance
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Please be advised of the following Special Conditions
1. All special events outside of normal business operations shall be permitted only through a
Temporary Use Permit as approved by the Planning Department.
2. Approval is for the use of the property as a museum and offices for business meeting purposes.
3. Phase 2 and 3 improvements shall be done in accordance with the plans received by the Planning
Department on June 17, 2015.
4. The front building shall not be open to the public until all improvements for Phase 2 have passed
final inspection.
5. The rear building shall not be open to the public until all improvements for Phase 3 have passed
final inspection.
6. Signage shall be erected to clearly identify that the rear building is a contemporary re-creation, as to
not confuse the public understanding.
Standard Conditions of Approval
7. 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/or Master Plans in
effect at the time of Building Permit issuance.
8. The project contains a designated Historical Landmark. The site shall be developed and maintained
in accordance with Certificate of Appropriateness No. DRC2013-00789. Any further modifications to
the site including, but not limited to, exterior alterations and/or interior alterations which affect the
exterior of the buildings or structures, removal of landmark trees, demolition, relocation,
reconstruction of buildings or structures, or changes to the site, shall require a modification to the
Certificate of Appropriateness subject to Historic Preservation Commission review and approval.
9. 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.
10. 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.
11. 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.
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Project#: DRC2013-00789 DRC2013-00790, DRC2015-00667
Project Name: Historic Cucamonga Gas Station
Location: 9670 FOOTHILL BLVD - 020815305-0000
Project Type: Certificate of Appropriateness Variance, Variance
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
Planning Department
Standard Conditions of Approval
12. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and the
number of trash receptacles shall be subject to Planning Director review and approval prior to the
issuance of Building Permits.
13. All parking spaces shall be 9 feet wide by 17 feet long with a required 1-foot overhang (e.g., over a
curb stop).
14. Changes to plans for security gates shall be submitted for the Planning Director, City Engineer, and
Rancho Cucamonga Fire Protection District review and approval prior to issuance of Building
Permits.
15. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and
exits shall be striped per City standards.
16. 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.
17. Copies of the signed Historic Preservation Commission Resolution of Approval, Conditions of
Approval, 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.
18. The applicant shall be required to pay California Department of Fish and Wildlife Notice of
Exemption fee in the amount of $50.00. All checks are to be made payable to the Clerk of the
Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing or
within 5 days of the date of project approval.
19. The entitlement shall expire if Phase 3 improvements have not passed final inspection within 5
years from the date of approval unless a time extension has been granted.
Engineering Services Department
Please be advised of the following Special Conditions
1. Developer is dedicating street right of way consistent with the requirements of the General Plan.
Widening of Foothill Boulevard is subject to future decision of the City. While the site plans and
proposed site improvements within this dedication are acceptable (except consideration of fencing is
subject to line of sight study); no WQMP facilities or significant other improvements shall be placed
within this dedication.
2. Prior to issuance of building permit for construction of the building on the north side of the site;
provide an irrevocable offer of 10 feet dedication for Foothill Boulevard.
3. Future driveway to the west will provide access to this site. Upon completion of the future driveway,
this property shall take access from that driveway.
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Project#: DRC2013-00789 DRC2013-00790, DRC2015-00667
Project Name: Historic Cucamonga Gas Station
Location: 9670 FOOTHILL BLVD - 020815305-0000
Project Type: Certificate of Appropriateness Variance, Variance
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Building and Safety Services Department
Standard Conditions of Approval
1. With the approval of the planning Department B&S will allow the use of temporary ADA accessible
restroom facilities for the first phase of the project until the permanet facilities are constructed and
functional. Conditions for the location of the restroom building and or screening will be established
by the Planning Department. The facility shall not open for business until the restroom facilities are
installed inspected and granted final approval. The restroom facility shall have a compliant ADA
path of travel from the building
2. Submit two sets of structural calculations, two sets of energy conservation calculations, and a soils
report. Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal.
3. Submit five complete sets of plans including the following:
a. Site/Plot Plan;
b. Foundation Plan;
c. Floor Plan,
d. Ceiling and Roof Framing Plan;
e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of
service entrance conductors, panel schedules, and single line diagrams;
f. Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste
diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning;
and
g. Planning Department Project Number (i.e., SUBTT, SUBTPM, MDR, CUP, DRC, etc.) clearly
identified on the outside of all plans
4. Contractors must show proof of State and City licenses and Workers' Compensation coverage to
the City prior to permit issuance.
5. Separate permits are required for fencing and/or walls.
6. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the
Building and Safety Services Department.
7. Upon plan check submittal, additional requirements may be needed.
8. Exterior walls shall be constructed of the required fire rating in accordance with CBC . A parapet
wall is required when the building exceeds 1,000 sq feet and the wall parallel to the property line is
required to be fire rated; please reference the current edition of the CBC for requirements and /or
alternatives.
9. Provide compliance with the California Building Code (CBC) for property line clearances considering
use, area, and fire-resistiveness.
10. 2. Provide compliance with the California Building Code for required occupancy separations.
11. Openings in exterior walls shall be protected in accordance with CBC.
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Project#: DRC2013-00789 DRC2013-00790, DRC2015-00667
Project Name: Historic Cucamonga Gas Station
Location: 9670 FOOTHILL BLVD - 020815305-0000
Project Type: Certificate of Appropriateness Variance, Variance
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Building and Safety Services Department
Standard Conditions of Approval
12. Roofing materials shall be Class "A."
13. Roofing material shall be installed per the manufacturer's "high wind" instructions.
Grading Section
Standard Conditions of Approval
1. Prior to the issuance of a building permit the applicant shall submit to the Building Official, or his
designee, a final project specific water quality management plan for review and approval, and shall
have said document recorded with the San Bernardino County Recorder's Office.
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