HomeMy WebLinkAbout17-90 - Resolutions - To Reduce The Rquired Setback RESOLUTION NO. 17-90
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING MINOR
EXCEPTION DRC2017-00424 A REQUEST TO REDUCE THE
REQUIRED SETBACK FROM 45 FEET TO 40.5 FEET FOR A DRIVE-
THRU LANE ASSOCIATED WITH THE DEVELOPMENT OF A 6,001-
SQUARE FOOT MULTI-TENANT COMMERCIAL BUILDING ON A
VACANT PARCEL OF 0.95-ACRES IN THE GENERAL COMMERCIAL
(GC) DISTRICT, ON THE SOUTH SIDE OF FOOTHILL BOULEVARD,
ABOUT 500 FEET EAST OF ROCHESTER AVENUE, LOCATED AT
11995 FOOTHILL BOULEVARD; AND MAKING FINDINGS IN SUPPORT
THEREOF -APN: 0229-023-10.
A. Recitals.
1. Dunkin' Donuts filed an application for the issuance of Minor Exception DRC2017-
00424 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 11th day of October, 2017, 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 October 11, 2017, 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 11995 Foothill Boulevard. The
parcel is irregularly shaped with a Foothill Boulevard street frontage of 114 feet, an overall lot
depth of 266 feet north-to-south and an overall lot width of 575 feet east-to-west. The building
pad is currently vacant; however, the adjacent building pads and parking lot are fully developed;
and
b. The property to the north of the subject site contains a commercial center, the
property to the south is vacant, the property to the east contains a drive-through restaurant, and
the property to the west contains a commercial building; and
c. The project site is located within the General Commercial (GC) District; and
PLANNING COMMISSION RESOLUTION NO. 17-90
MINOR EXCEPTION DRC2017-00424 — DUNKIN' DONUTS
October 11, 2017
Page 2
d. The project, together with the recommended conditions of approval, complies
with all minimum development standards for the General Commercial District, including building
setback, building height, required parking, and landscaping; and
e. The proposed building will have a floor area of 6,001 square feet. The project
site has an area of approximately 59,754 square feet. The Floor Area Ratio (FAR) for the project
site is compliant with the Development Code at ten percent (10%); and
f. The architectural style of the building is that of a contemporary commercial
structure utilizing common materials and finishes. The exterior of the building is proposed to use
a mixture of earth tone colored stucco and stone veneer that makes up most of the material used
on the building. The building fagade incorporates a variety of materials, including stucco, fiber
cement lap siding, stone, glass store front windows, and aluminum awnings that are compatible
with the existing buildings in the complex.
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. The Minor Exception is consistent with the General Plan or any applicable
specific plan or Development Agreement. The proposed setback reduction will allow for the
development of the project site consistent with existing developments to the east. Because of the
location of existing utility improvements located along the south boundary of the building pad, the
proposed building cannot be shifted further to the south. Providing a minimum tenant space
square footage required shifting the northerly side of the building to the north, which ultimately
moved the drive-thru aisle into the required drive-thru setback. The setback reduction will allow
for the development of the site that meets all other applicable General Plan and Development
Code requirements and land use policies for commercial development and is consistent with the
existing drive-thru locations for the two drive-thru commercial developments east of the proposed
project; and
b. The proposed development is compatible with existing and proposed land uses
in the surrounding area. The proposed project and request for a setback reduction for the drive-
thru lane is compatible with the surrounding land uses in the General Commercial (GC) District,
which permits the development of commercial structures. The setback reduction is compatible
with the development of three buildings in the immediate vicinity of the project site, which were
developed prior to the establishment of the current setback requirement. The American Tire
Depot structure west of the project site is situated approximately 42 feet from the Foothill
Boulevard face-of-curb, the Baker's Restaurant drive-thru immediately east of the project site is
situated approximately 25 feet from the Foothill Boulevard face-of-curb, and the Comerica Bank
drive-thru, east of the project site, is situated approximately 38 feet from the Foothill Boulevard
face-of-curb; and
c. The proposed exception to the specific development standard(s) is necessary to
allow creative design solutions compatible with the desires of the community and/or to
accommodate unique site conditions. There are existing physical constraints that preclude
shifting the building to avoid necessitating a Minor Exception for a setback reduction. There is an
existing utility easement south of the building pad that prohibits the building from shifting to the
south, and there is an approximate 6-foot grade difference between Foothill Boulevard and the
project site. Landscaping provided on the north, east, and west sides of the building will
PLANNING COMMISSION RESOLUTION NO. 17-90
MINOR EXCEPTION DRC2017-00424— DUNKIN' DONUTS
October 11, 2017
Page 3
complement the existing landscaping for the complex, and the drive-thru lane will be screened
from Foothill Boulevard through a combination of existing and proposed landscaping, berming,
and the 6-foot grade change; and
d. The granting of the Minor Exception will not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same district, and will not be
detrimental to public health, safety or welfare or materially injurious properties or improvements
in the vicinity. The approval of a Minor Exception is appropriate for proposed setback reduction
as it increases the functionality of the project site, and will not be perceptible due to the 6-foot
grade difference between Foothill Boulevard and the project site. Further, there are existing
physical constraints, such as an existing utility easement, that preclude shifting the building to
avoid necessitating a Minor Exception for a setback reduction. Additionally, the proposed drive-
thru will be of comparable distance from the Foothill Boulevard curb as similar drive-thrus within
the commercial center.
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 on January 24, 2007
in connection with the City's approval of Tentative Parcel Map SUBTPM17818. 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 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 DRC2017-00424, 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 original submittal considered impacts associated with a retail center
and the current proposal is for a retail use. 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.
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 DRC2017-00424.
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.
PLANNING COMMISSION RESOLUTION NO. 17-90
MINOR EXCEPTION DRC2017-00424— DUNKIN' DONUTS
October 11, 2017
Page 4
Planning Department
1) All Conditions of Approval as contained in Planning Commission
Resolution No. 17-89 for DRC2016-00998, shall apply.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 11TH DAY OF OCTOBER 2017.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Francisco Oaxaca, Chairman
ATTEST: 0—.4-44.- Vr
Candytfi Burnett, Secretary
I, Candyce Burnett, 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 11th day of October 2017, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE