The URL can be used to link to this page

Home My WebLink About09-27 - Resolutions RESOLUTION NO. 09-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2008-00462 TO INCREASE THE MAXIMUM BUILDING HEIGHT FROM 20 FEET TO 26 FEET, REDUCE THE MINIMUM BUILDING SETBACK FROM 25 FEET TO 22 FEET AND THE PARKING SETBACK FROM 45 FEET TO 25 FEET ALONG FOOTHILL BOULEVARD, LOCATED AT THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND SAN BERNARDINO ROAD IN THE MIXED-USE DISTRICT OF SUBAREA 1 OF THE FOOTHILL BOULEVARD SPECIFIC PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0207-113-23 AND 24. A. Recitals. 1. Blake Miraglia and Jimmy Seale filed an application for the issuance of Variance DRC2008-00462 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 8th day of July 2009,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 July 8, 2009, 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 southwest corner of Foothill Boulevard and San Bernardino Road, with a street frontage of 277 feet and lot depth of 126 feet on the west side and 24 feet on the east side and is presently vacant; and b. The property to the north of the subject site is a restaurant; the properties to the south consists of an apartment, carwash, and a vacant parcel; the property to the east is a commercial center; and the property to the west is a restaurant; and C. The 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; and d. The design and exterior materials of the proposed building will be consistent with the surrounding area and the Route 66 theme. PLANNING COMMISSION RESOLUTION NO. 09-27 VARIANCE DRC2008-00462 - BLAKE MIRAGLIA & JIMMY SEALE July 8, 2009 Page 2 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. Without an increase in the 20-foot building height restriction and reduction in the 25-foot building setback along Foothill Boulevard,the applicant would be required to reduce the height of two tower elements which would change the entire north elevation, reduce parking and reduce the building footprint, which would place an unnecessary hardship on the applicant and require the loss of architectural elements that greatly improve the aesthetics of the building. 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 parcel is unusually shaped and small compared to other parcels with in this development district. The parcel is triangular in shape and approximately.55 acre. This configuration greatly limits the applicant's ability to develop this parcel. 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. The Development Code permits height increases to buildings that are moved away from Foothill Boulevard. The applicant does not have the ability to move the buildings because of meeting the setbacks on two street frontages. These street frontages also lessen the ability for the applicant to provide movement in the elevations by providing exterior walls to stagger. The reduction in the front yard setback along Foothill Boulevard is an encroachment of 3 feet for a distance of 6 feet to allow for this architectural design and approximately another 3 feet for a distance of 3 feet near the west property line to allow for an additional parking space. The first encroachment is located near the closest narrowest part of the parcel, and the General Plan requires exceptional exterior building design. 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 retail building is an accepted use and the Route 66 building theme is encouraged per the Foothill Specific Plan and the Route 66 Visual Improvement Plan. 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 reduction in the building setback and the increase in the building height requirement will have a negligible effect, if any, on the neighboring properties because the 3,700 square foot retail building will blend with the surrounding properties and has a Route 66 design style to the building which will compliment the area. 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 5 exemption under State CEQA Guidelines Section 15305(a) Minor alterations in land use limitations because the project is requesting a minor. reduction in the setback requirement and height requirement not resulting in the creation of a new parcel. In addition,there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staff's determination of exemption. PLANNING COMMISSION RESOLUTION NO. 09-27 VARIANCE DRC2008-00462 - BLAKE MIRAGLIA & JIMMY SEALE July 8, 2009 Page 3 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 attached Standard Conditions incorporated herein by this reference. Planning Department 1) The building along the north property line shall be constructed no closer than 22 feet at the eastern most portion of the building. 2) The parking stalls shall not be located closer than 42 feet from the northern property line. 3) The building height shall not exceed 26 feet. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF JULY 2009. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: - Richard-6. Fletcher, Chairman ATTEST: J/1 �. Jam R. Troyer, AICP, Secreta I, James R. Troye AICP, 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 8th day of July 2009, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: STEWART