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HomeMy WebLinkAboutDRC2010-00509 Pre-Application ReviewDR�'�0ip o05� CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Adjourned Meeting September 8, 2010 Chairman Munoz -called the Adjourned Meeting of the City of Rancho Cucamonga Planning Commission to order at 8:35 p.m. The meeting was held in the Rains Room at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. ROLL CALL COMMISSIONERS: PRESENT: Richard Fletcher, Lou Munoz, Francisco Oaxaca; Ray Wimberly ABSENT: Frances Howdyshell STAFF PRESENT: Candyce Burnett, Senior Planner; Jennifer Nakamura, Associate Planner; Lois Schrader, Planning Commission Secretary ANNOUNCEMENTS None NEW BUSINESS A. PRE -APPLICATION REVIEW DRC2010-00509-- TESORO/SHELL -A review of a proposal to construct a self-service carwash building of 720 square feet at an existing convenience market/gas station in the Office Park (OPK) District, Terra Vista Planned Community, located at 11289 Base Line Road; APN: 1077-372-38. Related file: Conditional Use Permit CUP96-27. Jennifer Nakamura, Associate Planner, gave a brief summary of the application. She said there would be an encroachment of a 45-foot landscape setback and 5 findings would have to be satisfied in order to allow a Variance. She said that is a significant issue. She said there are sensitive uses such as a child care facility and noted it is also surrounded by residential uses. She said when the gas station was previously proposed, over 100 residents registered their opposition for reasons of noise, traffic, circulation, hours of operation, lighting, etc. She said staff anticipates a similar response this time. She said staff also has concern about the proposed dual driveways as well as the removal of the outdoor eating area. Chairman Munoz looked at the property and said that he did not believe there was anyway to squeeze in another driveway. Ahmad Ghaderi stated he represents the applicant and said this gas station has a vacant fast food space and said they have about 15 sites with this similar situation. He said this site does have an interested tenant for the fast food space. He said the car wash does fit in and the dual driveways would not intermingle. He said both would fit and there would be plenty of stacking room and dual driveways could be controlled. He said he has already informed his client about the neighborhood concerns. He said if they cannot get a revised layout, this project would go on hold. He invited the Commissioners to comment. Chairman Munoz acknowledged that the carwash would fit but he expressed concern that the carwash and the fast food tenant both would fit. Mr. Ghaderi explained that the fast food tenant is not a national chain and it would fit and there is plenty of room for stacking cars for the carwash. He said he did not anticipate a high usage of the carwash. Commissioner Fletcher asked what the plan would be if there was no fast food tenant. Mr. Ghaderi said they would just to move the lane over 15 feet and the second lane would not happen. He then suggested an alternative plan of moving the carwash to the southern portion of the site. Commissioner Oaxaca asked about the parking. Ms. Nakamura said we have a standard parking calculation for the parking that would be applied Mr. Ghaderi said the parking would actually be less but in any event there is plenty of parking. Ms. Nakamura said it would require analysis if they moved the facility to a different location on the site apart from what is proposed. Mr. Ghaderi said there are ways to address the noise concerns; the carwash doors can be closed, and the walls can mitigate the noise away from the homes. Commissioner Wimberly confirmed that there are offices there. He said with the double stacking proposal there is a big problem on the Milliken side with the landscape setback, more so than on the Base Line side of the project site. Ms. Nakamura indicated that on either side they would be encroaching about the same distance of about 15 feet. She noted that the other uses basically wrap around this site. Commissioner Fletcher said we have a fully developed property and it looks like they are trying to cram an additional tenant in there. He suggested the applicant should make a choice between the carwash and the fast food use. He said he does not like the dual driveway or the childcare facility in close proximity of the proposed carwash. He said they would not approve this under a new development review now so why should they consider that now. Commissioner Oaxaca said his concern is the magnitude of the Variance needed which equates to 1 /3 of the actual 45 foot setback requirement (15 feet) and it is a significant, visible high -traffic area and it sets a precedent., Commissioner Wimberly asked if there is an alternative plan prepared to present to the Commission. Ms. Nakamura indicated that the idea of moving the carwash to the south side of the site is a new discussion as of today. Chairman Munoz said he believed the concerns have been pointed out such as setbacks, neighborhood opposition, noise, and the surrounding uses. He said science does advance regarding noise abatement, but that may not help the applicant when the notices circulate in the 660 foot radius. He said the applicant is welcome to submit a different plan at another time. PC Adjourned -Minutes -2- - September 8, 2010 ' - - `'` ` STAFF REPORT PLANNING DiTARTNIFN'1' T DATE: September 8, 2010 TO: Chairman and Members of the Planning Commission RANCHO FROM: James R. Troyer, AICP, Planning Director CUCAMONGA BY: Jennifer Nakamura, Associate Planner SUBJECT: PRE -APPLICATION REVIEW DRC2010-00509 - TESORO/SHELL - A review of a proposal to construct a self-service carwash building of 720 square feet at an existing convenience market/gas station in the Office Park (OPK) District, Terra Vista Planned Community, located at 11289 Base Line Road; APN: 1077-372-38. Related file: Conditional Use Permit CUP96-27. Review Process: The Pre -Application Review process provides a project proponent with the opportunity to present schematic designs to the Planning Commission prior to formal application submittal, in order to receive broad, general comments and direction. The focus of the meeting is a discussion by the Planning Commissioners regarding the technical and design issues related to the project. The meeting is not a forum for debate and no formal decision or vote is made. After the meeting, staff prepares summary comments of the meeting, which are sent to the applicant. Request: The applicant is requesting that the Planning Commission review their proposal to construct a second drive-thru lane to accommodate a 720 square foot automated carwash facility. Attached is a letter from the applicant explaining that the proposed carwash is being requested to enhance their offerings to their customers. Background: The Planning Commission approved CUP96-27 for the development of a gas station with drive-thru restaurant on July 11, 1997. The project was met with significant opposition from the condominium complex directly to the south and west of the project. As a result, the establishment was only authorized to operate from 6:00 a.m. to 10:00 p.m. An appeal of the Condition of Approval limiting the hours of operation was filed, and the City Council extended those hours from 5:00 a.m. to 12:00 a.m. Currently, there is no fast food tenant and the existing drive-thru and adjoining tenant space are vacant. Development Code Requirements: The Development Code is largely silent on automated car washes as an ancillary use to gas stations. Automated car washes have been approved in many other locations of the City, and the only zone that has specific restrictions is Neighborhood Commercial. Car washes are restricted on hours of operation and proximity to residential parcels. All uses on the parcel are subject to development requirements from the Development Code as well as the Terra Vista Community Plan. Development Code Inconsistencies: The most significant technical issue with the proposed project is the encroachment of the proposed carwash and drive-thru lane into the landscape setback area. The required landscape setback for both Base Line Road and Milliken Avenue is 45 feet from curb face. The existing drive-thru is set back exactly 45 feet from the curb face of both Base Line Road and Milliken Avenue. The project proposes encroaching into that setback Item A PLANNING COMMISSION STAFF REPORT DRC2010-00509 - TESORO/SHELL September 8, 2010 Page 2 area by 15 feet on each frontage. The only avenue the applicant can pursue is to apply for a Variance for the landscape setback. In addition, there are several other Development Code issues that need to be considered: • The second drive-thru would necessitate the removal of many mature trees. A tree removal permit would be required. • The second drive-thru would also eliminate at least one parking space. Parking requirements would need to be reviewed. The installation of the automated carwash would require an extensive acoustical analysis and potential mitigations in order to ensure that the noise does adversely impact the existing residential condominiums. Findings for a Variance: A Variance is designed to provide flexibility from the strict application of development standards when special circumstances pertaining to the property such as size, shape, topography, or location deprives such property of privileges enjoyed by other property in the vicinity and in the same district. Before granting a Variance, the Planning Commission shall make the following findings that the circumstances prescribed below do apply: a. That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this 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 zone. . 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. 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. e. . That the granting of the Variance will not be detrimental .to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity. In staff's analysis, the proposed project site does not meet the requirements to make the required findings and support a Variance. There are no special circumstances relating to the property where the findings for a Variance can be supported. Neighborhood Concerns: The original project was met with significant opposition, with over 100 letters of opposition to the project. Many of the concerns related to noise, hours of operation and lighting disturbing the surrounding condominium complex. Adding an ancillary use that will produce potentially significant noise impacts may resurrect continued opposition to the project. We have also received complaints from other residential property owners in the vicinity of these automated car washes regarding noise. This issue alone requires significant review as we receive applications for this type of use. 1 A-2 n PLANNING COMMISSION STAFF REPORT DRC2010-00509.— TESORO/SHELL September 8, 2010 Page 3 Design Issues: Staff has identifies several design issues that would need to be considered as part of the project, provided that findings for a variance were feasible. • The second drive-thru would also remove the existing outdoor eating area for the fast food establishment. • The carwash building -needs significant architectural upgrades to meet the existing architecture of the gas station mini-mart/fast food establishment. • The carwash kiosk would need to be located to be hidden from public view on Base Line Road. Respectfully submitted, Jame ' R. Troyer, AICP Planning Director JRT:JN\ds Attachment Exhibit A Letter of Justification A-3 Tesoro/Shell- 11289 Baseline, Rancho Cucumonga 1. Letter of Justification: A. Site is currently developed as a gas station with food mart and drive thru QSR. Proposed carwash additional will enhance the offerings to our customers. Changes to the current layout of the site will be minimal and no impact is anticipated on current operation. B. Proposed improvements are in line with the existing operation and service provided. C. Proposed carwash is compatible with existing use and surrounding improvements. D. Proposed car wash's exterior will be designed so that it matches existing building's architecture and treatment. EXHIBIT - A A_4 vt 'f THE CITY OF RANCHO CUCAMONGA HISTORIC PRESERVATION COMMISSION AGENDA RANCHO CUCAMONGA SEPTEMBER 8, 2010 - 7:00 PM Rancho. Cucamonga Civic Center RAINS ROOM 10500 Civic Center Drive Rancho Cucamonga, California I. CALL TO ORDER Pledge of Allegiance Roll Call Chairman Munoz _ Vice Chairman Howdyshell _ Fletcher _ Wimberly _ Oaxaca II. ANNOUNCEMENTS II III. APPROVAL OF MINUTES 11 August 25, 2010 Regular Meeting Minutes 11 IV. NEW BUSINESS 11 A. TRAINING ON THE IMPLEMENTATION OF THE HISTORIC PRESERVATION ELEMENT OF THE GENERAL PLAN AND REVIEW OF THE NEW HISTORIC PRESERVATION ORDINANCE 11 V. PUBLIC COMMENTS 11 This is the time and place for the general public to address the commission. Items to be discussed here are those that do not already appear on this agenda. 11 VI. COMMISSION BUSINESS/COMMENTS 11 HISTORIC PRESERVATION COMMISSION AGENDA RANCHO SEPTEMBER 8, 2010 CUCAMONGA Page 2 11 VII. ADJOURNMENT 11 1, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on September 2, 2010 at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas and minutes can be found at http://www.ci.rancho-cucamonga.ca.us If you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. w THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION AGENDA RANCHO CUCAMONGA SEPTEMBER 8, 2010 - 7:00 PM Rancho Cucamonga Civic Center. RAINS ROOM 10500 Civic Center Drive Rancho Cucamonga, California I. CALL TO ORDER Roll Call Chairman Munoz_ Vice Chairman Howdyshell _ Fletcher_ Wimberly _ Oaxaca _ II. ANNOUNCEMENTS II III. APPROVAL OF MINUTES III August 24, 2010, Special Tour Meeting Minutes August 25, 2010 Regular Meeting Minutes August 25, 2010 Adjourned Meeting Minutes 11 IV. PUBLIC COMMENTS III This is the time and place for the general public to address the commission. Items to be discussed here are those that do not already appear on this agenda. 11 V. COMMISSION BUSINESS/COMMENTS 11 1 of 3 PLANNING COMMISSION AGENDA SEPTEMBER 8, 2010 RANCHO CUCAMONGA II VI. ADJOURNMENT II The Planning Commission has adopted Administrative Regulations that set an 11:00 p.m. adjournment time. If items go beyond that time, they shall be heard only with the consent of the Commission. THE PLANNING COMMISSION WILL ADJOURN TO A WORKSHOP IMMEDIATELY FOLLOWING TO DISCUSS PRE - APPLICATION REVIEW DRC2010-00509 - TESORO/SHELL AND PRE -APPLICATION REVIEW DRC2010-00516 - TESORO/SHELL 1, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on September 2, 2010, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. If you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. 2 of 3 i PLANNING COMMISSION AGENDA RANCHO SEPTEMBER 8, 2010 CUCAMONGA If you wish to speak concerning an item not on the agenda, you may do sounder" Public Comments." There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. All requests for items to be placed on a Planning Commission agenda must be in writing. The deadline for submitting these items is 6:00 p.m. Tuesday, one week prior to the meeting. The Planning Commission Secretary receives all such items. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6:00 p.m., except for legal City holidays. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of $2,124 for maps and $2,231 for all other decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas and minutes can be found at http://www.ci.rancho-cucamonaa.ca.us 3 of 3 THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION WORKSHOP AGENDA RANCHO CU MONGA SEPTEMBER 8, 2010 - 7:00 PM Rancho Cucamonga Civic Center RAINS ROOM 10500 Civic Center Drive Rancho Cucamonga, California 11 I. CALL TO ORDER 11 Roll Call Chairman Munoz_ Vice Chairman Howdyshell _ Fletcher _ Wimberly_ Oaxaca II II. NEW BUSINESS 11 A. PRE -APPLICATION REVIEW DRC2010-00509 - TESORO/SHELL - A review of a proposal to construct a self-service carwash building of 720 square feet at an existing convenience market/gas station in the Office Park (OPK) District, Terra Vista Planned Community, located at 11289 Base Line Road; APN: 1077-372-38. Related file: Conditional Use Permit CUP96-27. B. PRE -APPLICATION REVIEW DRC2010-00516 - TESORO/SHELL - A review of a proposal to construct a self-service carwash building of 756 square feet at an existing convenience market/gas station in the Mixed Use Financial (MFC) District, Terra Vista Planned Community, located at 11108 Foothill Boulevard; APN: 1077-432-35. Related file: Conditional Use Permit CUP96-21. II III. PUBLIC COMMENT II This is the time and place for the general public to address the commission. Items to be discussed here are those that do not already appear on this agenda. 11 IV. COMMISSION BUSINESS/COMMENTS 11 11 V. ADJOURNMENT 11 PLANNING COMMISSION AGENDA zT SEPTEMBER 8, 2010 RANCHO C,UCAMONGA 2 The Planning Commission has adopted Administrative Regulations that set an 11: 00 p. m. adjournment time. If items go beyond that time, they shall be heard only with the consent of the Commission. 1, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on September 2, 2010, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. �t t—V— If you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Q 09 c o=� OEM im Grove r---r W N N m r CD 13 n � O a �m 0 s CD rmlL N � no O � C C 0 O N 0 Nakamura, Jennifer Page 1 of 2 From: Yasmin Tabatabayi [yasmint@asengineer.com] Sent: Thursday, August 19, 2010 12:54 PM To: Nakamura, Jennifer Subject: RE: DRC2010-00509 Pre Application Workshop for Shell Station on Baseline and Milliken . ''Bank you Jennifer! l w:i.11 forward your email to our client as well. Reg -arils, Yasmin 'T'abatabayi PLEASE NOTE OUR ADDRESS & CONTACT NUMBERS HAVE CHANGED We've moved!! A & S Etc-ineering 893 Patriot Dr., Unit "A" Nlo-orpai*, CA 93021 P.805.531.9700 F.805.531.9701 From: Nakamura, Jennifer[mailto:Jennifer.Nakamura@cityofrc.us] Sent: Thursday, August 19, 2010 12:39 PM To: yasmint@asengineer.com Subject: DRC2010-00509 Pre Application Workshop for Shell Station on Baseline and Milliken ►i Yasmin, Thank you for taking the time to talk with me today. I want to make sure that your team is aware of the concerns staff has with the proposed project. I am detailing a "short" list of items that will be included in our report to the Planning Commission on 9/8/10. 1 want to make sure your team is aware of these issues and is still prepared to move forward with the workshop. 1. The original gas station was approved, but only after significant opposition by the townhomes to the south and west. Proposing to intensify that use is expected to encounter similar opposition. 2. The proposal requires an application for a variance to reduce the required landscape setback from 45 feet to 30 feet to accommodate the second drive thru lane and car wash. A variance requires a very specific set of findings in order for it to be granted. These are: a. That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this 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 zone. 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. 8/30/2010 Page 2 of 2 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. 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. I do not see any circumstance where all of these legal finding will be met. All of these issues will be presented in staff's report for the workshop. Please let me know if your client still wants to proceed with the workshop. If they,wish to withdraw the project, we will refund any unused fees. Jennifer Nakamura Associate Planner City of Rancho Cucamonga Tel (909) 477-2750 Fax (909) 477-2847 jennifer.nakamura@cityofrc.us 8/30/2010 PLANNING DIVISION CLERICAL REQUEST FORM TYPE OF DOCUMENT: (Check One) Staff Reports/Resol. X Letter(s) Memo(s) Plan Check Home Improvement CDBG Form(s) Other FOUND IN TIDEMARK AS: DRC2010-00509 SUBJECT: Staff Report PATH\FILE NAME: SUBMITTED BY: Jennifer Nakamura DATE SUBMITTED: 8/23/10 DATE NEEDED: _ APPROVED FOR FINALING: e FINAL APPRO ED: COPIES TO (please include addresse [2 r l� SPECIAL'HANDLING AND/OR MAILING INSTRUCTIONS: Check box if a list is attached Direcl Typisl FOR CLERICAL USE ONLY 9/8/10 PC I r I,/_1 ) �" STAFF REPORT PLANNING DEPARTMIEN'r DATE: September 8, 2010 TO: Chairman and Members of the Planning Commission RANCHO FROM: James R. Troyer, AICP, Planning Director CUCAMONGA BY: Jennifer Nakamura, Associate Planner SUBJECT: PRE -APPLICATION REVIEW DRC2010-00509 - TESORO/SHELL - A review of a proposal to construct a self-service carwash building of 720 square feet at an existing convenience market/gas station in the Office Park (OPK) District, Terra Vista Planned Community, located at 11289 Base Line Road; APN: 1077-372-38. Related file: Conditional Use Permit CUP96-27. Review Process: The Pre -Application Review process provides a project proponent with the opportunity to present schematic designs to the Planning Commission prior to formal application submittal, in order to receive broad, general comments and direction. The focus of the meeting is a discussion by the Planning Commissioners regarding the technical and design issues related to the project. The meeting is not a forum for debate and no formal decision or vote is made. After the meeting, staff prepares summary comments of the meeting, which are sent to the applicant. Request: The applicant is requesting that the Planning Commission review their proposal to construct a second drive-thru lane to accommodate a 720 square foot automated carwash facility. Attached is a letter from the applicant explaining that the proposed carwash is being requested to enhance their offerings to their customers. Background: The Planning Commission approved CUP96-27 for the development of a gas station with drive-thru restaurant on July 11, 1997. The project was met with significant opposition from the condominium complex directly to the south and west of the project. As a result, the establishment was only authorized to operate from 6:00 a.m. to 10:00 p.m. An appeal of the Condition of Approval limiting the hours of operation was filed, and the City Council extended those hours from 5:00 a.m. to 12:00 a.m. Currently, there is no fast food tenant and the existing drive-thru and adjoining tenant space are vacant. Development Code Requirements: The Development Code is largely silent on automated car washes as an ancillary use to gas stations. Automated car washes have been approved in many other locations of the City, and the only zone that has specific restrictions is Neighborhood Commercial. Car washes are restricted on hours of operation and proximity to residential parcels. All uses on the parcel are subject to development requirements from the Development Code as well as the Terra Vista Community Plan. Development Code Inconsistencies: The most significant technical issue with the proposed project is the encroachment of the proposed carwash and drive-thru lane into the landscape setback area. The required landscape setback for both Base Line Road and Milliken Avenue is 45 feet from curb face. The existing drive-thru is set back exactly 45 feet from the curb face of both Base Line Road and Milliken Avenue. The project proposes encroaching into that setback PLANNING COMMISSION STAFF REPORT DRC2010-00509 — TESORO/SHELL September 8, 2010 Page 2 area by 15 feet on each frontage. The only avenue the applicant can pursue is to apply for a Variance for the landscape setback. In addition, there are several other Development Code issues that need to be considered: The second drive-thru would necessitate the removal of many mature trees. A tree removal permit would be required. The second drive-thru would also eliminate at least one parking space. Parking requirements would need to be reviewed. The installation of the automated carwash would require an extensive acoustical analysis and potential mitigations in order to ensure that the noise does adversely impact the existing residential condominiums. Findings for a Variance: A Variance is designed to provide flexibility from the strict application of development standards when special circumstances pertaining to the property such as size, shape, topography, or location deprives such property of privileges enjoyed by other property in the vicinity and in the same district. Before granting a Variance, the Planning Commission shall make the following findings that the circumstances prescribed below do apply: a. That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this 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 zone. 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. 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. e. That the granting of the Variance will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity. In staff's analysis, the proposed project site does not meet the requirements to make the required findings and support a Variance. There are no special circumstances relating to the property where the findings for a Variance can be supported. Neighborhood Concerns: The original project was met with significant opposition, with over 100 letters of opposition to the project. Many of the concerns related to noise, hours of operation and lighting disturbing the surrounding condominium complex. Adding an ancillary use that will produce potentially significant noise impacts may resurrect continued opposition to the project. We have also received complaints from other residential property owners in the vicinity of these automated car washes regarding noise. This issue alone requires significant review as we receive applications for this type of use. PLANNING COMMISSION STAFF REPORT DRC2010-00509 — TESORO/SHELL September 8, 2010 Page 3 Design Issues: Staff has identifies several design issues that would need to be considered as part of the project, provided that findings for a variance were feasible. • The second drive-thru would also remove the existing outdoor eating area for the fast food establishment. • The carwash building needs significant architectural upgrades to meet the existing architecture of the gas station mini-mart/fast food establishment. • The carwash kiosk would need to be located to be hidden from public view on Base Line Road. Respectfully submitted, 2- Jame .R. Troyer, AICP Planning Director JRT:JN\ds Attachment Exhibit A - Letter of Justification Tesoro/Shell- 11289 Baseline, Rancho Cucumonga 1. Letter of Justification: A. Site is currently developed as a gas station with food mart and drive thru QSR. Proposed carwash additional will enhance the offerings to our customers. Changes to the current layout of the site will be minimal and no impact is anticipated on current operation. B. Proposed improvements are in line with the existing operation and service . provided. C. Proposed carwash is compatible with existing use and surrounding improvements. D. Proposed car wash's exterior will be designed so that it matches existing building's architecture and treatment. EXHIBIT - A I-- - -- - - . - . _ -- -_ .-J Print Form CITY OF RANCHO CUCAMONGA Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 477-2750 UNIFORM APPLICATION Part 1 (Please type or print clearly using ink. Use the tab key to move from one line to the next line.) Name of Proposed Project. TESORO/SHELL #68590 Location of Project: 11289 BASELINE Legal Description of Project (Assessor's Parcel No.): AP N 1077-107767238-0000 Staff Use Only FILE NO.: p2.CQ0l0— RELATED FILES: (�Ur qb - 2 Applicant's Name: Phone Number. 818.842.3644 AHMAD GHADERI/A& S ENGINEERING FAxNumber. 818.842.3760 Address: 207 W. ALAMEDA #203, BURBANK, CA 91502 Legal Owners Name (if different from above.) Phone Number: TESORO SOUTH COAST COMPANY LLC. 253.896.8700 Address: P.O. BOX 599701, SAN ANTONIO, TX, 78259-9701 Type of Review Requested (Please Check All Applicable Boxes) ❑ Community Plan Amendment ❑ Hillside Development >4 DU [] Conditional Use Permit ❑ Hillside Development <_ 4 DU ❑ Conditional Use Permit (Non -Construction) ❑ Landmark Alteration Permit L7 Dev/Design Review- ❑ Lot Line Adjustment Commercial/Industrial ❑ Dev/Design Review -Residential ❑ Development Agreement ❑ Development District Amendment ❑ Entertainment Permit ❑ General Plan Amendment ❑ Minor Development Review ❑ Minor Exception Pre -Application Review ❑ Preliminary Review ❑ Public Convenience or Necessity ❑ Specific Plan Amendment ❑ Tentative Parcel Map ❑ Tentative Tract Map ❑ Use Determination ❑ Vacation of Public Right -of -Way or Easement ❑ Variance ❑ Other. Detailed Description of Proposed Project (Attach Additional Sheets if Necessary) CONSTRUCT A NEW 18 X 40' SELF SERVE CARWASH AT EXISTING GAS STATION I certify that I am presently the legal owner of the above -described property. Further, I acknowledge the filing of this application and certify that all of the above information is true and correct (If the undersigned is different from the legal property owner, a letter of authorization must accompany this form. Date: i I I Signata Print Name and Title: AHMAD GHADERI-AGENT Dat rme Received Received By Fees Received Rgcg. t lllpq Fire Receipt No. 7 I �� au $ s 31R. a !V�X/`I j,� � ( Account # for Planning Fees: 10010004508 Account # for EIR (Review eview Sensitive/Preparation) and Environmental Study (Review/Challenge): 10010004509 I:\PLANNING\FINAL\FORMS\COUNTER\Uniform Applicabon.doc Page 1 of 4 ki s10H! dOid:,4;3G16D1? {45X ------------------------------- CITY OF RMCHO CUCAMONGA CITY HALL FINANCE DEPARTMENT 105,OL CIVIC CENTER DRIVE RANCHO CUCAMONGA CA 91730 909-477-NO RECEIPT: CR144231 DATE; 07/07/10 CASHIER IN CS537072 TIME: 12:55:29 DRCE010-00509 Planning Fees 5,212.00 11,01000 4508 CYO i i i i _ -------------------------- TOTAL PAID 5,212.00. RECEIVED FROM: TESOR/A AND S i G i i i i I CITY OF RANCHO CUCAMONGA r Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 477-2750 Project Name: Staff Use Only. N/A Reference File No. Location N/A General Plan N/A Development District N/A Gross (Including area to centerline of abutting streets) Residential Project Summary Table Part 2 N/A Acres Net (Exclusive of dedication for major extemal and secondary streets) N/A Acres (BasedDWELLING UNITS Single Family Detached on Number Single Family Attached Multi-family/Condominium Studio One Bedroom Two Bedroom Three Bedroom Four Bedroom DISTRIBUTIONAREA Building Coverage TOTAL: (Based on . . f Net Area Landscape Coverage Common Open Space Private Open Space Usable O en S ace Common + Private PARKING Single Family Detached Parking Ratio 2.0/unit # of Units Spaces Req'd Spaces Provided — Single Family Attached Multi-family/Condominium: Studio 1.31unit One Bedroom 1.51unit Two Bedroom 1.81unit Three Bedroom 2.0/unit Four Bedroom 2.31unit Guest Parking 0.251unit TOTAL: I:\PLANNING\FINAL\FORMS\COUNTER\Uniform Application.doc Page 2 of 4 CITY OF RANCHO CUCAMONGA Non -Residential Project Planning Department J 10500 Civic Center Drive Summary Table Rancho Cucamonga, CA 91730 Part 2 (909) 477-2750 Project Name: Staff Use Only. TESORO/SHELL #68590 Reference File No. Location: 11289 BASELINE General Plan: Development District: PROJECT Gross (Including area to centerline of abutting streets) 1.93 Acres Net (Exclusive of dedication for major external and secondary streets) 1.31 Acres AREA DISTRIBUTION (Based on • of Building Coverage 0.10acres/4467sq.ft. 7.63% Landscape Coverage 0.49acres/26220sq.ft 37.4% Vehicular Coverage (Including Parking) 0.72acres/31486sq.ft. 54.96% Area of Building Pad No. Of Stones Gross Floor Area (sq. ft.) Proposed Use 720 sq. ft. 1 720 CARWASH PARKING • .Separately) Type of Use Parking Ratio # Spaces Required # Spaces Provided NO CHANGE TO PARKING TOTALS I:\PLANNING\FINAL\FORMS\COUNTER\Uniform Application.doc Page 3 of 4 CITY OF RANCHO CUCAMONGA Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 0 (909) 477-2750 ProjectLocation:11289 BASELINE Applicant:A & S ENGINEERING Contact Person:AHMAD GHADERI UNIFORM APPLICATION PART 3 Staff Use Only FILE NO.: RELATED FILES: Address., 207 W. ALAMEDA #203, BURBANK, CA 91502 Phone:818.842.3644 Fax:818.842.3760 E-mail Address: AHMADG ASENGINEER.GOM Additional Contact Person:(Please spwfy Name, company, rdfe) YASMIN TABATABAYI Address: 207 W. ALAMEDA #203, BURBANK, CA 91502 Phone:818.842.3644 Fax:818.842.3760 E-mail Address: YASMINT ASENGINEER.COM Legal Property Owner: TESORO SOUTH COAST COMPANY, LLC Address: P.O. BOX 599701, SAN ANTONIO, TX 78259-9701 Phone:253.896.8700 Fax: E-mail Address: Architect: A & S ENGINEERING Contact Person:AHMAD GHADERI Address: 207 W. ALAMEDA #203, BURBANK, CA 91502 Phone:818.842.3644 Fax:818.842.3760 E-mail Address: AHMADG@ASENGINEER.COM Engineer: SAME AS ARCHITECT Contact Person: Address: Phone: Fax: E-mail Address: Landscape Architect -'NIA Contact Person: Address. Phone: Fax: E-mail Address: I:\PLANNING\FINAL\FORMS\COUNTER\Uniform Application.doc Page 4 of 4 r»: meeting, minutes are prepared and sent to the applicant. ❑ Step 5 - Preliminary Review (Optional): Following Pre -Application Review, it is recommended that the applicant continue working with staff to refine theirproject conceptpriorto formal application. The Preliminary Review process is available for this purpose (see handout available from Planning Department). ❑ Step 6 -Formal Application: The applicant submits its application and fees, thereby beginning the formal review process for a Development Review, Conditional Use Permit, or Tentative Tract Map, etc. ❑ 1. Initial Submittal (at Filing Deadline): The filing deadline for the Initial Submittal is every Tuesday between 7`30 a.m. and 5:00 p.m. An appointment for filing the Initial Submittal is encouraged. If an application is submitted after the Tuesday filing deadline, it may result in a week delay in processing time. Submittal of application by delivery service or by mail such as FedEx, U.S. Postal, U.P.S., will not be accepted. ❑ 2. Uniform Application Parts 1, 2, and 3 ❑ 3. Letter of Justification/Explanation ❑ 4. Ten (10) sets of Concept Sketches ❑ 5. Disclaimer Statement ❑ 6. Filing Fee ❑ Pre -Application Review............................................................................................................................... See current fee list. ❑ Rancho Cucamonga Fire Protection District Review...............................................$132 (submit receipt showing payment) $82 if Commercial/Industrial/Multi-Family Residential ❑ A. All plans shall be drawn on uniform size sheets and drawn to scale. ❑ B. All site plans shall be drawn to an engineering scale of 1 " = 20, 1 " = 30', 1 " = 40, or 1 " = 50', with the scale clearly labeled and a north point clearly indicated. ❑ C. All architectural designs shall be drawn to a scale not less than 118" = 1'-0". ❑ D. All required plans shall be collated and stapled together into sets and shall be rolled together into a single bundle secured with a rubber band. ❑ E. All plans shall be clear, legible, and accurately scaled. Freehand or ,sketch " drawings are perfectly acceptable. Documentl2 REV 3/19/2007 Page 2 of 4 PRE -APPLICATION REVIEW DISCLAIMER STATEMENT I hereby certify that I have read and understand the fling requirements and processfor Pre -Application Review and that I have voluntarily requested said review. I hereby acknowledge that the Pre -Application Review does not relieve me from preparation and submittal of any detailed plans, technical studies, or environmental analysis required by the City of Rancho Cucamonga in connection with any subsequent formal application for this project. I acknowledge that the Planning Commission may require additional information before completing the Pre -Application Review. I hereby acknowledge that the opinions and comments of the Planning Commission and/or staff resulting from this Pre -Application Review are entirely non -binding on the City, the Planning Commission, and/or staff as to subsequent further processing or development of the project. ffz'2 SkO ure Date Print Name and Title DocumentU REV 3/19/2007 Page 4 of 4 <�y YESORO Tesoro Refining and Marketing Company 19100 Ridgewood Parkway San Antonio, TX 78259 210.626.6000 June 8th, 2010 To: City of Rancho Cucamonga 10500 Civic Center Dr. Rancho Cucamonga, CA 91730 Attn: Community Development Re: Shell #68591-11108 Foothill Blvd. #68590-11289 Baseline Rd. Carwash Projects To Whom It May Concern: This letter serves as documentation that A & S Engineering and its representatives, Ahmad Ghaderi, Alan Soffe and Robert Velasco have been authorized to represent Tesoro Refining and Marketing, Tesoro West Coast Company, LLC, Tesoro South Coast Company, LLC and Tesoro Sierra Properties, LLC, for the sole purpose of filing and signing required applications to obtain the required licenses and/or permits for the referenced site. Please don't hesitate to contact me at 858.731.2994 with any questions. Sincerely, Alex Rosie AIar� � bMP-Pmvc^�n O�Ct"�°�.' ""a` rrs-� (,,o4vy�) F" U ACKNOWLEDGMENT State of C iforni County ofnourI n 0 On Ty� ?e a0Ifl before me, i11v\ L,0UI S kWene. P, (here insert name and title of the officer) personally appeared AL" who prov d to me on the basis of satisfactory evidence to be the person whose name) is subscribed to the within instrument and acknowledged to me that e y executed the same in is/ �authorized capacity(Fesj; and that by Tic it signature( on the instrument the person()or the entity upon behalf of h the persons/ac ed, executed the instrument. rr I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature G�J C. o. Lotas- A Comndulm 0 1071339 OLD Notary POIC - Cat"ornls San Bernardtno County My Comm. 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