HomeMy WebLinkAbout7985RESOLUTION NO. 7985
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
APPROVING VARIANCE NO. 802
WHEREAS, Property One, LLC, has submitted applications for Conditional Use Permit
No. 905 Revision 4, Variance 802, and Street Vacation No. 169 (collectively referred to herein
as the "Project Entitlements") to revise an approved entitlement for an existing 88,075 square -
foot commercial center on 10.42 acres to accommodate the proposed development of a 15,250
square -foot expansion consisting of two commercial buildings; and
WHEREAS, the proposed expansion will occupy 1.9 acres located on the west side of
Eureka Street and the south side of West Stuart Avenue, in the Town Center (TC) District of the
Downtown Specific Plan (APNs: 0169-271-21-0000, 0169-271-52-0000, 0169-271-47-0000, and
0169-271-58-0000); and
WHEREAS, Section III(C)(1.5) of the Town Center (TC) District of the Downtown
Specific Plan requires that a inunimum of fifty percent (50%) of the ten (10) foot front building
setback line be occupied by a building fagade in a multiple building complex; and
WHEREAS, the City Council has the authority, pursuant to Section 18.196.030 of the
City of Redlands Municipal Code, to take action on Variance No. 802 to waive building setback
line requirements pursuant to Section III(C)(1.5) of the Downtown Specific Plan; and
WHEREAS, on May 28, 2019, the Planning Commission held a noticed public hearing at
which interested persons had an opportuluty to testify in support of, or opposition to, the Project
Entitlements; and
WHEREAS, the Planning Commission subsequently recommended to the City Council
adoption of an Addend -am to the previously certified Enviromnental Impact Report and approval
of the Project Entitlements, and
WHEREAS, on June 3, 2019, the City gave public notice by mailing to property owners
within a 300 foot radius of the property, and on June 4, 2019, publishing notice in the Redlands
Daily Facts, a newspaper of general circulation within the City, of a public hearing at which the
Project Entitlements would be considered; and
WHEREAS, on June 18, 2019, the City Council held a noticed public hearing at which
interested persons had an opportunity to testify in support of, or in opposition to, the Project
Entitlements; and
NOW, THEREFORE, be it resolved by the City Council of the City of Redlands as
follows:
Section 1. The City Council hereby approves Variance No. 802 based on the
following findings, and subject to the attached conditions of approval:
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A. There are exceptional or extraordinary circumstances or conditions applicable to
the property or the intended use that do not apply generally to other properties or uses in the
same vicinity and zone because the property is located in the 100-year flood zone, and the
practicality of complying with an urban form design standard that requires 50 percent of the
buildiing frontages to be located within the 10-foot building setback line is impractical because of
these unique physical constraints. Compliance with the application set -back requisition would
require substantially tall retaining wails along the frontage of Eureka Street and Stuart Avenue,
which would be visually obtrusive and contrary to the intent of this set back standard, which is to
locate buildings near the street to improve the pedestrian character of the downtown area.
B. The variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other properties in the same vicinity and zone district, but which is
denied to the property in question because there are other colmnercial properties that have been
constructed pursuant to the provisions of the Downtown Specific Plan which have less than 50
percent of the 10 foot building setback line occupied by building frontage as a result of the need
to accommodate elevation changes and necessary ramping to keep building floors outside of the
floodplain and meeting accessibility requirements. These properties include the Chipotle project
(CRA 673) which was built in 1996 and has the entire building setback at 25 feet, 15 feet beyond
the 10 foot setback line; "The Patio" commercial center located at 623-633 Orange Street was
built in 1999 and has the buildings setback at 15 feet, 5 feet beyond the 10 foot setback line; the
Packing House Phase I shopping center at Eureka and Stuart which has a number of buildings all
elevated and located beyond the 10 foot setback line. All of these coiminercial projects would not
have been possible without the majority of the building being placed beyond the 10 setback line.
Therefore the variance for the buildings in the proposed project to be placed outside of the 10
foot setback line is necessary for the preservation and enjoyment of a substantial property right
possessed by other properties in the same vicinity and zone district, namely the ability to
construct a viable commercial building outside of the floodplain and accessible entrances for all.
C. The granting of the variance will not be detrimental to the public welfare or
injurious to the property or improvements of others in the vicinity because the project does not
cause harem to the general welfare or the public, nor is the project injurious to surrounding
property. By allowing the buildings to be set back beyond the maximum 10-foot building line,
retaining walls are kept at a minimal height, and negative visual 'impacts and circulation visibility
will be avoided.
D. The granting of the variance will not adversely affect the City of Redlands
General Plan because the project is located in the Commercial designation of the General Plan
and the proposed retail and commercial center is a permitted land use in the General Plan and a
recommended land use in the Downtown Specific Plan. Approval of the variance would not
adversely affect the General Plan as there are no policies that pertain to this issue.
Section 2. The proposed project is subject to the California Enviromnental Quality
Act (CEQA), the City has prepared an Addendum to the Environmental Impact Report in
accordance with the State CEQA Guidelines and there is no substantial evidence of
environmental impacts beyond what was analyzed in the Enviromnental Impact Report.
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Section 3. The City Council hereby approves Variance No. 802 subject to the
Conditions of Approval which are attached hereof as Exhibit "A" incorporated herein by this
reference.
ADOPTED, SIGNED AND APPROVED this 18th day of June, 2019.
(��aulW�Fos�ter, Mayor
ATTEST:
Je& Donaldson, City Clerk
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I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certifies that the foregoing
resolution was duly adopted by the City Council, at a regular meeting thereof, held on the 18th
day of June, 2019, by the following vote:
AYES: Councilmembers Barich, Tejeda, Momberger, Davis; Mayor Foster
NOES: None
ABSENT: None
ABSTAINED: None
J goe Donaldson, City Clerk
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EXHIBIT A
CONDITIONS OF APPROVAL
DEVELOPMENT SERVICES DEPARTMENT
Variance No. 802
1. Unless construction has commmenced pursuant to a building pennit, or a time extension is
granted in accordance with Code, this approval shall expire two (2) years from the date of City
Council approval.
2. The issuance of all permits shall comply with all provisions of the Redlands Municipal
Code.
3. This approval is to reduce or modify the following development standards applicable to
the proposed project (Conditional Use Permit No. 905R4):
Section III(C)(1.5) in the Town Center (TC) District of the Downtown Specific Plan which
requires that at minimum of 50% of the ten (10) foot front building setback line be occupied by a
building fagade in a multiple building complex, in order to accommodate the development of a
15,250 square -foot expansion of the existing commercial center. The expansion will occupy 1.9
acres located on the west side of Eureka Street, and south side of West Stuart Avenue (APNs:
0169-271-21-0000, 0169-271-52-0000, 0169-271-47-0000, and 0169-271-58-0000).
4. All plans submitted to the City shall reflect PIanning Coimnission approval and any other
changes required by the Commission and/or staff, and shall be it substantial confonnance with
the approved plans on file in the Planning Division.
5. No Certificate of Occupancy or finaled building permit shall be granted until all
conditions of approval have been satisfied.
6. The applicant shall not snake any modifications or changes during construction that are in
conflict or contrary to the project's approved site design without first consulting with the
Development Services Director or designee.
7. The applicant for this subdivision, and its successors and assigns, shall defend, indemnify
and hold harinless the City of Redlands, and its elected officials, officers, agents and employees,
from and against any and all claims, actions, and proceedings to attack, set aside, void or annul
the approval of this pen -nit by the City, or brought against the City due to acts or omissions in
any way connected to the applicant's project that is the subject of this permit. This
indenitnif cation shall include, but not be limited to, damages, fees, costs, liabilities, and expenses
incurred in such actions or proceedings, including damages for the injury to property or persons,
including death of a person, and any award of attorneys' fees. In the event any such action is
commenced to attack, set aside, void or annul all, or any, provisions of this permit, or is
commenced for any other reason against the City for acts or omissions relating to the applicant's
project, within fourteen (14) City business days of the same, the applicant shall file with the City
a performance bond or irrevocable letter of credit (together, the "Security") in a form and in an
amount satisfactory to the City, to ensure applicant's performance of its defense and indemnity
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obligations under this condition. The failure of the applicant to provide the Security shall be
deemed an express acknowledgement and agreement by the applicant that the City shall have the
authority and right, without objection by the applicant, to revoke all entitlements granted for the
project pursuant to this permit. The City shall have no liability to the applicant for the exercise
of City's right to revoke this permit.
Brian Desatnik
Development Services Director
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