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HomeMy WebLinkAbout10-46 - Resolutions RESOLUTION NO. 10-46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2010-00565 A REQUEST TO ALLOW AN ENCROACHMENT INTO THE REQUIRED STREET SETBACKS ALONG ARCHIBALD AVENUE AND BASE LINE ROAD IN CONJUNCTION WITH A PROPOSALTO DEMOLISH AN EXISTING 5,489 SQUARE FOOT BUILDING THAT WAS FORMERLY USED AS A BANK LOCATED AT 9709 BASE LINE ROAD AND CONSTRUCT A TACO BELL FAST FOOD RESTAURANT WITH DRIVE-THRU OF 2,432 SQUARE FEET AT AN EXISTING SHOPPING CENTER IN THE NEIGHBORHOOD COMMERCIAL (NC) DISTRICT AT THE SOUTHEAST CORNER OF BASE LINE ROAD AND ARCHIBALD AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 077-011-45. A. Recitals. 1. HC&D Architects, on behalf of Taco Bell,filed an application for the issuance of Variance DRC2010-00565 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 13th day of October 2010, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said 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 13, 2010, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application is related to Conditional Use Permit DRC2010-00314 and Development Review DRC2010-00314D; and b. The application applies to a shopping center located at the southeast corner of Base Line Road and Archibald Avenue; and C. The shopping center is approximately 376,000 square feet (8.6 acres) and is approximately 610 feet (east to west) by approximately 650 feet (north to south); and d. The specific location of the project site is at the northwest corner of the shopping center near the intersection of Archibald Avenue and Base Line Road (APN: 1077-011-45). The area of work" is a parcel of approximately 41,500 square feet (0.95 acre) that is presently PLANNING COMMISSION RESOLUTION NO. 10-46 VARIANCE DRC2010-00565 — HC&D ARCHITECTS FOR TACO BELL October 13, 2010 Page 2 developed with a vacant 5,489 square foot building that was previously a bank with drive-thru customer service; and e. The shopping center is bound on the north and west by commercial development and is bound to the south and east by residential development; and f. The zoning of the shopping center is Neighborhood Commercial (NC) District. The zoning of the properties to the north is Neighborhood Commercial (NC) District. The properties to the west are zoned Neighborhood Commercial (NC) District and Office Professional (OP) District. The zoning of the properties to the south and east is Low (L) Residential District; and g. The applicant is requesting a Variance to allow a reduced building setback and landscape depth along both Base Line Road and Archibald Avenue; and h. Per Table 17.10.040-6 of the Development Code,the required building setback on Base Line Road and Archibald Avenue is 45 feet, and i. Per Table 17.10.040-B of the Development Code, the required landscape depth Base Line Road and Archibald Avenue 45 feet, with an average of 30 feet; and j. All street frontage setbacks are measured from the curbface; and k. The applicant's proposed fast food restaurantwill have a building setback of 39 feet on Base Line Road and 38 feet on Archibald Avenue; and I. The landscape depth will be 20 feet on Base Line Road and 37 feet on Archibald Avenue. 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 proposed restaurant will be located at the northwest corner of an existing shopping center. The "project area" is generally defined by the property lines of the parcel on which the restaurant will be located. Although the restaurant will replace an existing building at this location, there are improvements just beyond the project area that will remain in-place and, therefore, restrict options available to the applicant to comply with setback requirements. There is an east to west drive aisle to the south and a north to south drive aisle to the east of the respective south and east limits of the work area. These drive aisles link the parking lot of the shopping center with the respective drive entrances at Archibald Avenue and Base Line Road. These features cannot be modified without negatively affecting vehicle circulation within the shopping center. Furthermore, these features are outside the applicant's limit of work. As an alternative, the building and the corresponding parking area and drive aisle for the restaurant could be shifted south and east. However, doing so would require the elimination or reduction in the dimensions of at least one of the following three features that will be constructed or installed along the south of the project area: PLANNING COMMISSION RESOLUTION NO. 10-46 VARIANCE DRC2010-00565 — HC&D ARCHITECTS FOR TACO BELL October 13, 2010 Page 3 a) the new drive aisle, b) the row of sixteen (16) parking stalls, and c) the landscape area. None of these can be reduced nor eliminated without violating other sections of the Development Code. 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. All new development is required to comply with the City's architectural standards. These standards include requiring features such as tower elements at primary entrances and articulated wall planes. The proposed restaurant will have a tower element and a canopy on the west and north elevations, respectively, of the building. As the project site is approximately 0.95 acre in area, opportunities for different designs are limited — the project as proposed represents the'best fit'for the site. Although these features could be removed,this would result in a building that would not comply with the City's design standards and policies. The proposed restaurant replaces a building that was within the building setbacks and had a drive-thru lane that was within the landscape depth setback. The applicant will replace this building with a smaller building and utilize the existing drive-thru lane. The applicant cannot increase the landscape depth without affecting the existing improvements surrounding the project site that are beyond the applicant's scope of work. The locations of the existing drive aisles cannot be altered without affecting the circulation patterns within the shopping center, and the drive approaches cannot be shifted without affecting access. 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. Based on a review of an aerial photo and site inspection, there are other buildings in the immediate vicinity that are within the building and landscape setbacks: Hanmi Bank at 9759 Base Line Road; Union 76 gas station at 7287 Archibald Avenue; US Bank at 9696 Base Line Road; and Urgent Care Center at 9695 Base Line Road. With the exception of Hanmi Bank, all of the cited buildings are adjacent to the intersection of Base Line Road and Archibald Avenue. The proposed restaurant will replace a building that was formerly a bank. That building also encroached into the building and landscape setbacks. The proposal includes both a canopy at the drive-thru window and a drive-thru lane that will be at the same general location as the similar features that were utilized by the former bank. 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 proposal is an in-fill project. There is a shopping center that surrounds the project site that restricts flexibility on the design of the restaurant, the arrangement and location of the corresponding parking area, and the location and quantity of landscaping. There are no practical alternatives, i.e. relocating features of the project will affect other aspects of the project, such as the architecture of the building and the location of the drive-thru lane. Furthermore, the width of the drive aisles, landscaped planter areas, and parking stalls, as proposed, meet minimum technical standards. Any adjustments will negatively alter these other improvements. Although requests for Variances for encroachments into setbacks are not common, they are granted when surrounding improvements or other City requirements restrict alternate options. 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 project has been designed to take into account the orientation of the restaurant in relation to the adjoining tenants PLANNING COMMISSION RESOLUTION NO. xx-xx VARIANCE DRC2010-00565 - HC&D ARCHITECTS FOR TACO BELL October 13, 2010 Page 4 within the surrounding shopping center, the location of the existing improvements, parking, regular and emergency access; and overall usability. The granting of this Variance will not affect the characteristics of the surrounding community. 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 as a Class 3 exemption under State CEQA Guidelines Section 15303 - New Construction or Conversion of Small Structures - as the proposed fast food restaurant is less than 2,500 square feet in gross floor area. 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. 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 Department 1) Approval is for the encroachment into the required setbacks for a fast food restaurant of approximately 2,432 square feet on a parcel of approximately 41,500 square feet (0.95 acre) within an existing shopping center of approximately 376,000 square feet (8.6 acres) in the Neighborhood Commercial (NC) District, located at the southeast corner of Base Line Road and Archibald Avenue-APN: 1077-011-45. 2) 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. 3) All Conditions of Approval for Conditional Use Permit DRC2010-00314 and Development Review DRC2010-00314D shall apply. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF OCTOBER 2010 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman ATTEST: Ja s A. T ICP, Secretary PLANNING COMMISSION RESOLUTION NO. 10-46 VARIANCE DRC2010-00565 - HC&D ARCHITECTS FOR TACO BELL October 13, 2010 Page 5 I, James R. Troyer,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 13th day of October 2010 by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: VARIANCE SUBJECT: DRC2010-00565 APPLICANT: HC&D ARCHITECTS FOR TACO BELL LOCATION: SEC BASE LINE ROAD AND ARCHIBALD AVENUE - APN: 1077-011-45 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date 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 maybe 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. 10-46, 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. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption - $50 X B. Time Limits 1. Variance 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. SC-12-08 1 I:\P.LANNING\FINAL\PLNGC0MM\2010 Res & Stf Rpt\DRC2010-00565StdCond 10-13.doc Project No. DRC2010-00565 Completion Date 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 Department, the conditions contained herein, and the 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 Planning Director. 3. Occupancy of the facilities shall not commence until such time as all Uniform 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 Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Director review and approval prior to the issuance of building permits. 5. 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. 6. 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. 2 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00565StdCond 10-13.doc