HomeMy WebLinkAbout11-10 - Resolutions RESOLUTION NO.11-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT (NON-
CONSTRUCTION)DRC2010-00152,A REQUEST TO OPERATE A RETAIL DESIGN
CENTER AT A LEGAL NON-CONFORMING SITE WITHIN THE FOOTHILL
BOULEVARD COMMUNITY OFFICE DISTRICT (SUBAREA 3), LOCATED AT
10060 FOOTHILL BOULEVARD;AND MAKING FINDINGS IN SUPPORT THEREOF
—APN: 1077-621-21.
A. Recitals.
1. Charles Joseph Associates, on behalf of Palata Tile and Stone, filed an application for the
issuance of Conditional Use Permit DRC2011-00034, as described in the title of this Resolution. Hereinafter
in this Resolution, the subject Conditional Use Permit request is referred to as "the application."
2. The application was filed on January 12,2011,which was within the 180-day permitted time period
for an applicant to file for a land use entitlement to allow a different non-conforming use to assume use of the
property with a Conditional Use Permit under Development Code Sections 17.02.130-D and E.
3. On the 9th day of March 2011, 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.
4. 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 the Commission during the above-referenced
public hearing on March 9, 2011, 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 10060 Foothill Boulevard; and
b. The property is approximately 1 acre in size and contains one existing, non-conforming
2,800 square foot building, which abuts Foothill Boulevard, as well as one existing non-conforming residence
approximately 1,200 square feet in size; and
C. The property is bordered by single-family residences to the north; non-conforming
commercial sites to the east and west; and to the south, across Foothill Boulevard, is a vacant parcel; and
d. The applicant proposes to operate a design center and floor covering store; and
e. The site is of the appropriate size to accommodate the proposed improvements, including
the provision of required on-site parking and internal vehicular circulation; and
PLANNING COMMISSION RESOLUTION NO. 11-10
DRC2011-00034— PALATA TILE AND STONE
March 9, 2011
Page 2
f. The proposed Conditional Use Permit includes the removal of the existing chain link fence
along the south and west perimeter of the patio sample design area and the installation of a wrought iron
fence, which staff finds will improve the site and reduce its non-conformity; and
g. The applicant proposes to install landscaping along the outdoor patio sample design area
that is approximately 500 square feet in size, which staff finds will improve the site and reduce its
non-conformity; and
h. The proposed tile store will generate very similar traffic and parking impacts, as the previous
non-conforming use of patio furniture sales is classified as retail sales of furniture, and the proposed is
classified as a floor covering shop, which have similar business hours, parking generation rates, and
customer volume; and
i. The proposed use will not modify the exterior of the existing building or increase the degree
on non-conformity with respect to site improvements; and
j. The proposed use does not require new structures, and will not be of greater intensity or
create impacts in traffic, noise, parking demand, odors or lights of greater impact that the previous
non-conforming use, and will not increase any existing site development discrepancies(i.e.setbacks, building
heights, etc.).
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 proposed use is in accord with the General Plan, the objectives of the Development
Code, and the purposes of the district in which the site is located. The proposed use is consistent with the
goals and objectives of the General Plan, which encourages land uses to be distributed to meet local needs
and be properly integrated into the surrounding context. The site is adequate in size to accommodate the use
and parking; and
b. The proposed design center, 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. The proposed improvements will not pose adverse impacts to the adjacent commercial or residential
developments as the use is not of greater intensity, and there is no proposed expansion of the existing
non-conforming building.
C. The proposed non-conforming use is located on a non-conforming site that will be improved
with the installation of landscaping and the removal of chain link fencing to be replaced with wrought iron
fencing, thereby lessening the degree of non-conformity, a goal of the Development Code.
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 1 exemption under State CEQA Guidelines Section 15301,which covers existing
structures, where minor modifications are being made. This project qualifies for an exemption under
Section 15301 since it involves only interior modifications to an existing building and the installation of
wrought iron fencing and landscaping, which are considered minor modifications. No significant changes to
the site are proposed. There is no substantial evidence that the project will have a significant effect on the
environment.
PLANNING COMMISSION RESOLUTION NO. 11-10
DRC2011-00034 — PALATA TILE AND STONE
March 9, 2011
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 in the
Standard Conditions, attached hereto and incorporated herein by this reference.
Planning Department
1) This approval is for the operation of a design center in an existing legal
non-conforming structure at 10060 Foothill Boulevard. Any modification or
intensification of the tile store; any improvements, including new building
construction; and/or other modifications/intensification beyond what is
specifically approved by this Conditional Use Permit shall require the review and
approval by either the Planning Director or the Planning Commission prior to
submittal of documents for plan check/occupancy,construction, commencement
of the activity, and/or issuance of a business license.
2) No materials other than samples shall be stored on-site.
3) The outdoor patio samples design area located at the west end of the building
shall not be used to stockpile materials.
4) The applicant shall submit a Landscape Plan for the review and approval by the
Planning Director within 60 days of the adoption date of this Resolution.
5) The applicant shall demolish the existing chain link fence that abuts the south
and west perimeter of the patio sample area and install wrought iron fencing
along the south and west perimeter of the patio sample design area within
60 days of the adoption date of this Resolution.
6) Any modifications that deviate from the approved set of plans shall not be
permitted without prior approval by the Planning Director.
7) A minimum of 10 parking spaces shall be provided. Any reduction in parking
shall not be permitted without prior approval by the Planning Director.
8) 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.
9) Any sign for the business shall be designed in conformance with Title 14 of the
City of Rancho Cucamonga Municipal Code and shall require Planning Director
review and approval prior to installation.
Fire Construction Services
Upon CUP approval, if any alterations to the building are proposed, the following conditions will
apply:
PLANNING COMMISSION RESOLUTION NO. 11-10
DRC2011-00034 — PALATA TILE AND STONE
March 9, 2011
Page 4
FIRE CONSTRUCTION SERVICES STANDARD CONDITIONS FOR TENANT IMPROVEMENT
Submit plans to Building and Safety for fire review; include in the plans a copy of the CA Fire
Code Chapter 14 for"Fire Safety During Construction and Demolition." The plans shall provide
the building data such as square footage(existing and proposes)type of construction, occupancy
group(s), the number of stories, and indicate if the building is equipped with automatic fire
sprinklers". Provide the following notes in the plans:
"FIRE PREVENTION NOTES"
BEFORE CALLING FOR INSPECTION PLEASE COMPLY WITH THE FOLLOWING
REQUIREMENTS:
1) A fire inspection and final approval is required before the Building Department will accept a
building final inspection request. Please call (909) 477-2713 for a fire inspection.
2) A Knox box must be purchased and installed in accordance with RCFPD policy, unless the
Knox box exists on the building.
3) The key to the building or suite must be given to the fire inspector at the time of final
inspection. The key will be locked in the Knox box for fire department emergency access.
4) Fire extinguishers must be installed per the RCFPD policy. See the policy in these plans.
5) The occupant must fill out the blue FCS's "Emergency Contact Information" form prior to
final inspection. Present the completed form to the fire inspector at the time of final fire
inspection.
6) Sprinkler modifications require a separate plan submittal and approval. Work shall not
commence until a permit is obtained. Inspection of rough piping must be performed priorto
concealment. Ceiling tiles must not be installed unless approved by the fire inspector.
7) Fire Alarm System (fire sprinkler monitoring, automatic or manual) modifications require a
separate plan submittal and approval. Work shall not commence until a permit is obtained.
8) Place a sign above the main entrance door stating, "THIS DOOR MUST REMAIN
UNLOCKED DURING BUSINESS HOURS."
9) All doors designated as exits, except for the main entrance, must be equipped with common
knowledge lever type single-action hardware unless otherwise noted.
10) Additional exit signs may be required at the time of the final inspection, if the ones shown on
the plans do not meet the intent of the Code.
11) If As-Built plans are required to be submitted, additional fees will be due.
12) The building address must be posted in 8-inch high letters contrasting with the background
and must be automatically illuminated.
PLANNING COMMISSION RESOLUTION NO. 11-10
DRC2011-00034 – PALATA TILE AND STONE
March 9, 2011
Page 5
13) The duct smoke detectors required by the 2007 CA Mechanical Code for HVAC shut down
must not be interconnected to the fire sprinkler monitoring alarm; the duct detectors must
have an audible and visual notification device in accordance to the 2007 CA Fire Code.
14) Fire safety during construction must be observed; please familiarize yourself and your
employees with the California Fire Code Chapter 14 regulations; these regulations are
reproduced in this plan.
6. The Secretary shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 9TH DAY OF MARCH 2011.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
.Fs" • 7
BY:
Luis Munoz, Jr., Chairman
ATTEST:
- /"'� �- d:6�'l —
Ja s R. Troyer, AICP, Secret ry
1, James R. Troyer, AICP, Secretary 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 Director held on the 9th day of March 2011.
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL. MUNOZ, OAXACA, WIMBFRLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT #: DRC2011-00034
SUBJECT: CONDITIONAL USE PERMIT (NON-CONSTRUCTION)
APPLICANT: CHARLES JOSEPH ASSOCIATES
LOCATION: 10600 FOOTHILL BOULEVARD -APN: 1077-621-21
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 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. 11-10, 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. Conditional Use Permit 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.
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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. 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.
D. Signs
1. The signs indicated on the submitted plans are conceptual only and not a part of this approval.
Any signs proposed for this development shall comply with the Sign Ordinance and shall require
separate.application and approval by the Planning Department prior to installation of any signs.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S)
E. General Requirements
1. 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., DRC2011-00034) clearly identified on the
outside of all plans.
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Project No. DRC2011-00034
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2. Submit two sets of structural calculations and energy conservation calculations (if applicable).
3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to
the City prior to permit issuance.
4. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the
Building and Safety Department.
F. Site Development
1. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday
through Saturday, with no construction on Sunday or holidays.
2. Construct trash enclosure(s) per City Standard (available at the Planning Department's public
counter).
G. Additional Requirements/Comments
1. Provide compliance with the California Building Code (CBC) Accessibility Standards.
2. Provide compliance with the California Building Code for required occupancy separations and mix
occupancy ratios.
3. Provide documentation and calculation for compliance with the California Energy Standard
regulations.
4. Provide draft stops in combustible attics and concealed spaces, in accordance with the California
Building Code.
5. Upon tenant improvement plan check submittal, additional requirements may be needed.
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