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HomeMy WebLinkAbout03-153 - Resolutions RESOLUTION NO. 03-153 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2003-00836, A REQUEST TO REDUCE THE REQUIRED BUILDING SETBACK FROM 45 FEET TO 33 FEET ALONG HAVEN AVENUE FOR A RIGHT DECELERATION LANE FOR FOUR OFFICE BUILDINGS TOTALING 32,506 SQUARE FEET ON 2 ACRES OF LAND IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 6) WITHIN THE HAVEN OVERLAY DISTRICT, LOCATED ON THE EAST SIDE OF HAVEN AVENUE, APPROXIMATELY 760 FEET SOUTH OF ARROW ROUTE , AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0209-491-08. A. Recitals. 1. G & L Commercial, LLC filed an application for the issuance of Variance DCR2003-00836, 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 October 2003, the Planning Commission of the City of Rancho Cucamonga held a public hearing to consider the application. 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 22,2003, including written and oral staff reports, togetherwith public testimony, this Commission hereby specifically finds as follows: a. The application applies to Development Review DRC2003-00836, an office project located on the east side of Haven Avenue, south of Arrow Route; and b. The property to the north of the subject site is developed with a multi-story office building and is zoned Industrial Park; the property to the south is presently vacant with an application filed for office buildings and is zoned Industrial Park; the properties to the east are developed with industrial buildings and are zoned Industrial Park; the property to west is vacant and is zoned Industrial Park; and C. The application applies to Development Review DRC2003-00836, a four-building office project located on a 2 acre parcel of land on the east side of Haven Avenue, approximately 760 feet south of Arrow Route; and d. The Variance request is to reduce the required building setback from 45 feet to 33 feet along Haven Avenue for a right deceleration lane; and PLANNING COMMISSION RESOLUTION NO. 03-153 VARIANCE DRC2003-00836—G & L COMMERCIAL, LLC October 22, 2003 Page 2 e. Literal enforcement of building setback would cause a physical hardship and practical difficulty for development of the property because of the requirement for the two northerly buildings to be shifted to the east an additional 12 feet because of the right deceleration lane. Deceleration lanes are not standard requirements for all projects but are required under certain traffic speeds and volumes as determined by the Engineering Division. Further, if the deceleration lane were not required, the project would meet the required 45-foot building setback; and f. There are exceptional circumstances applicable to the subject property that do not apply to a majority of other properties in the immediate surrounding area because of the fact that the project will utilize a shared driveway that provides ingress and egress to five existing office and industrial buildings. With the development of the proposed project, the cumulative vehicle traffic to the project site will be at a level that requires a right deceleration lane, which requires an additional 12 feet of street improvements; and g. Literal enforcement of the building setback would deprive the applicant of development enjoyed by other properties in the Haven Avenue Overlay District by requiring the applicant to significantly alter the proposed design of the project by providing an additional 12-foot building setback, as measured from the prolongation of the easterly curb for Haven Avenue using the standard cross-section for a major divided arterial; and h. The granting of the Variance will not constitute a special privilege because there are unique site conditions (i.e., volume of inbound vehicle traffic from shared driveway, and Haven Avenue traffic volume), and the granting of the Variance will not constitute a special privilege inconsistent with the limitation on other properties in the same zone in that Variances for building setbacks have been granted for other projects that have been required to install right deceleration lanes on major arterials; and i. Granting of the Variance will not be detrimental to the public health, safety, or welfare; but conversely, will provide a uniform building setback and consistent streetscape along Haven Avenue, a design goal of the Haven Avenue Overlay District. 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; and 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; and 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;and 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; and PLANNING COMMISSION RESOLUTION NO. 03-153 VARIANCE DRC2003-00836 —G & L COMMERCIAL, LLC October 22, 2003 Page 3 e. That the granting of the Variance will not be detrimental to the public health,safety, or welfare or materially injurious to the properties or improvements in the vicinity. 4. The Planning Commission hereby finds and determines that the Variance identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15305 of the State CEQA Guidelines. All requirements for use of that exemption have been satisfied, including, but not limited to, land use, density, and average slope. 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 in the Standard Conditions, attached hereto and incorporated herein by this reference. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 22ND DAY OF OCTOBER 2003. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: J t� rty T. VIA, Vice Chairman ATTEST: Bra r, Sec 1, 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 22nd day of October 2003, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, McNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2003-00836 SUBJECT: VARIANCE FOR BUILDING SET BACK APPLICANT: G & L COMMERCIAL, LLC LOCATION: EAST SIDE OF HAVEN AVENUE, SOUTH OF ARROW HIGHWAY ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909)477-2750,FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Completion Date A. General Requirements 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. 03-153, 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. Conditional Use Permit, Variance, or Development/Design Review approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. 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 Division,the conditions contained herein,and Development Code regulations. 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 City Planner. SC-07-03 1 Project No. DRC2003-00836 Completion Date 3. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for City Planner review and approval prior to the issuance of building permits. 4. 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. 5. 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. SC-07-03 2