HomeMy WebLinkAbout12-51 - Resolutions RESOLUTION NO. 12-51
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE
DRC2012-01123 A REQUEST TO ALLOW A REDUCTION IN THE
AVERAGE LANDSCAPE DEPTH ALONG ARROW ROUTE AND GROVE
AVENUE IN CONJUNCTION WITH A REQUEST TO OPERATE A USED
CAR SALES OFFICE OF 284 SQUARE FEET AND VEHICLE DISPLAY
AREA OF ABOUT 3,800 SQUARE FEET AT AN EXISTING COMMERCIAL
SITE OF 37,000 SQUARE FEET (0.85 ACRE) THAT IS COMPRISED OF
AN AUTOMOTIVE REPAIR(BUILDING A)AND BODYSHOP(BUILDING B)
WITH A COMBINED FLOOR AREA OF 5,676 SQUARE FEET WITHIN THE
GENERAL COMMERCIAL (GC) DISTRICT LOCATED AT
8517 GROVE AVENUE;AND MAKING FINDINGS IN SUPPORT THEREOF
—APN: 0207-222-05.
A. Recitals.
1. Elias Alfata, on behalf of Gabriel Mitri, filed an application for the issuance of Variance
DRC2012-01123 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 12th day of December 2012, 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 December 12, 2012, including written and oral staff reports,
together with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to a parcel at the southeast corner of Arrow Route and
Grove Avenue; and
b. The project site is a square parcel of about 37,000 square feet(0.85 acre). The
project site has dimensions of about 216 feet(north to south)by about 175 feet(east to west); and
C. The site is currently developed with two(2)buildings with a combined floor area of
5,676 square feet. At the east side of the site, along the east property line, is a building of 3,876
square feet(Building A). Building A is occupied by an automotive repair business and tire retailer.
At the west side of the site, near Grove Avenue, is a building of 1,800 square feet (Building B).
Building B is occupied by an automotive body shop; and
PLANNING COMMISSION RESOLUTION NO. 12-51
VARIANCE DRC2012-01123 — ELIAS ALFATA FOR GABRIEL MITRI
December 12, 2012
Page 2
d. The property is bound on the east by legal non-conforming single-family
residences. To the north, across Arrow Route, are additional single-family residences and a liquor
store. To the south is a vacant lot that appears to be in use for outdoor vehicle and materials
storage. To the west, across the street, are single-family residences in the City of Upland; and
e. The zoning of the properties to the east and south is General Commercial (GC)
District. The zoning of one the properties to the north (the liquor store)is General Commercial(GC)
District while the zoning of the other properties is Low (L) Residential District; and
f. This application is in conjunction with Conditional Use Permit DRC2012-00932 and
Site Development Review DRC2012-00933; and
g. The applicant is requesting a Variance to allow a reduction in the average
landscape depth along Arrow Route and Grove Avenue. Arrow Route and Grove Avenue are
classified as a Major Arterial and a Local Street, respectively, per Figure CM-2 of the General Plan.
The required average landscape depth is a horizontal dimension measured from the curb face to the
interior edge of the landscaped area. Along Arrow Route the required dimension is 45 feet while
along Grove Avenue it is 35 feet per Table 17.36.030-2 of the Development Code. The applicant
proposes an average landscape depth of 30 feet along Arrow Route and about 25 feet along Grove
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 this Code. The automotive sales business is proposed at a location that is developed with two(2)
buildings and dominated by asphalt paving. The applicant proposes to have the display area
between Building B and Arrow Route. In order to complywith the required average landscape depth
along both Arrow Route and Grove Avenue, the applicant would have to reduce the proposed size of
the display area from about 3,800 square feet to about 2,240 square feet (a reduction of about
40 percent). This would result in an impractically small display area. An alternate location is not
feasible as there are existing on-site constraints such as the location of the buildings and driveways,
and the location of new(and required) improvements such as parking stalls, interior landscaping,
and drive aisles for regular and emergency vehicle access/circulation through the property.
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 zone. Based on a review of aerial photos taken around the late 1960's, the
existing development on the site pre-dates the City's incorporation. As a result, the existing
development does not comply with the City's current design and technical standards. Forexample,
Building B is about 26 feet from the curb along Grove Avenue; the required building setback along
that street is 35 feet. Also, there are several driveways and associated drive aisles along
Arrow Route and Grove Avenue that are in areas(and still in use)that otherwise could be replaced
with landscaping which, in turn, would increase landscape coverage and depth. Lastly, there are
areas within the interior of the site that are used for parking or circulation and, therefore, cannot be
used as alternate locations for the display area.
PLANNING COMMISSION RESOLUTION NO. 12-55
VARIANCE DRC2012-01123 — ELIAS ALFATA for GABRIEL MITRI
December 12, 2012
Page 3
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 zone. In
order to comply with the required average landscape depth along Arrow Route and Grove Avenue,
the applicant would have to reduce the proposed size of the display area by about 40 percent from
about 3,800 square feet (47 feet x 80 feet) to about 2,240 square feet (32' feet x 70 feet). This
would result in an impractically small display area that would only for a limited number of cars to be
displayed at any given time. Note that these area calculations include the unoccupied portions of
the display area, i.e. empty spaces between the cars that is necessary for the cars to be
maneuvered within the display area.
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 zone. The principal
purpose of the landscape depth standard is to provide an aesthetic'buffer'of a reasonable size and
area between the street and on-site improvements such as buildings and paved areas. Although
the applicant is requesting a reduction in the average landscape depth along Arrow Route and
Grove Avenue, the landscaping that is proposed will comply with the required minimum landscape
depths per Table 17.36.030-2 of the Development Code. Furthermore, the combined area of the
landscape coverage proposed by the applicant is about 5,800 square feet. This is approximately
16 percent of the project site. Per Table 17.36.030-1 of the Development Code, the minimum
percentage of open space (landscaping) required in the General Commercial (GC) District is
10 percent. The applicant will also provide landscape planters in the parking lot that will be
comprised of one(1)tree per three(3)parking stalls and ground cover/shrubs. Staff notes that the
landscape standards generally apply to new development and sites undergoing substantial
redevelopment. As the site is already developed, the landscaping provided is a significant
enhancement.
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 reduced average
landscape depth along Arrow Route and Grove Avenue will not affect neighboring properties and/or
property owners. Practical differences in the physical attributes/characteristics between the lots in
the surrounding area and the project site will be limited. The site was developed prior to the date of
the City's incorporation and generally does not comply with the City's standards relating to
landscaping. As such, existing landscaping is limited to the southwest corner of the site. The
remainder of the site is paved with asphalt. About 50 percent of the landscaping proposed by the
applicant will be along Arrow Route and Grove Avenue. The landscaping that will be provided will
enhance the aesthetics of the project site and will be a benefit to the neighborhood.
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 2 exemption under State CEQA Guidelines Section
15301 —Existing Facilities—as the proposal is for minor interior and exterior building improvements
and minor site improvements. 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 COMMISSION RESOLUTION NO. 12-51
VARIANCE DRC2012-01123 — ELIAS ALFATA for GABRIEL MITRI
December 12, 2012
Page 4
Planning Department
1) Approval is for a reduction in the average landscape depth along Arrow
Route and Grove Avenue in conjunction with a request to operate a
used car sales office of 284 square feet and vehicle display area of
about 3,800 square feet at an existing commercial site of 37,000
square feet (0.85 acre) that is comprised of two (2) buildings with a
combined floor area of 5,676 square feet in the General Commercial
(GC) District located at 8517 Grove Avenue; APN: 0227-012-24.
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 DRC2012-00932
and Site Development Review DRC2012-00933 shall apply.
6. The Secretary to this Commission shall certify the adoption of this Resolution.
APPROVED AND ADOPTED THIS 12TH DAY OF DECEMBER 2012.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
ances Howdyshell, Chairman
ATTEST:
re loom, Secretary
I, Jeffrey A. Bloom, 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 12th day of December 2012, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: OAXACA
ABSTAIN: COMMISSIONERS: NONE
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT#: DRC2012-01123
SUBJECT: VARIANCE
APPLICANT: ELIAS ALFATA FOR GABRIEL MITRI
LOCATION: 8517 GROVE AVENUE-APN: 0207-222-05
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. 12-51, 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. 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.
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.
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Project No. DRC2012-01123
Comoletion Date
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.
7. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved
by the Planning Director and Police Department (477-2800) prior to the issuance of building
permits. Such plan shall indicate style, illumination, location, height, and method of shielding so
as not to adversely affect adjacent properties.
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