HomeMy WebLinkAbout8324RESOLUTION NO 8324
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
APPROVING VARIANCE NO 799 RELATING TO A FRONT YARD AND
PARKING LOT SETBACK REQUIREMENTS FOR PROPERTY LOCATED
AT 1605 CALVARY CIRCLE
WHEREAS, Guadalupe Cobanov ("Applicant") has filed applications for Amendment
No 47 to Specific Plan No 40, Conditional Use Permit No 1107, Variance No 799, Historic
Parking Modification No 31, and Historic Resource Designation No 135 for an adaptive reuse
project to establish a medical office use in a residential building, and construct a 1,238 square foot
two-story addition, with associated improvements (collectively, the "Project") located at 1605
Calvary Circle (the "Property") (San Bernardino Assessor's Parcel No 0293-133-13-0000), and
WHEREAS, Variance No 799 is a proposal for a reduction in the front yard setback
requirement (from 25'0" to 20'2") to allow the encroachment of a ramp to accommodate required
ADA accessibility, and a reduction to the parking lot setback (from 15 feet to 0 feet) to
accommodate the adaptive reuse of the Property; and
WHEREAS, on February 22, 2022, the Planning Commission held a public meeting and
considered the staff report, oral report, the testimony, and the written evidence submitted by and
on behalf of the Applicant; and
WHEREAS, on February 22, 2022, the Planning Commission recommended to the City
Council that Variance No 799 be approved, and
WHEREAS on April 8, 2022, notice of the City Council's public hearing for Variance No
799 was published in the Redlands Daily Facts by the City Clerk; and
WHEREAS, on April 19, 2022, the City Council held a public hearing and considered the
staff written and oral reports, the recommendation of the Planning Commission, the testimony and
written evidence submitted by and on behalf of the applicant, and testimony by members of the
public,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
REDLANDS AS FOLLOWS
Section 1. The City Council hereby determines that approval of the Project and this
Resolution approving Variance No 799 are exempt from review under the California
Environmental Quality Act ("CEQA") pursuant to Sections 15061(b)(3), 15301, 15305, and 15331
of the State's CEQA Guidelines
Section 2. The City Council of the City of Redlands hereby approves Variance No
799 for the Project subject to the conditions of approval identified in Exhibit "A" of this
Resolution, and based upon the following findings
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A. That there are exceptional or extraordinary circumstances or conditions applicable to
the Property or to the intended use that do not apply generally to other properties or
uses in the same vicinity and zone,
There are exceptional and extraordinary circumstances that are applicable to the Property
The Property was subdivided prior to the area's transition to commercial, office, and high
density residential, without the foresight of adaptive reuse As such, the Property is
uniquely shaped, with a narrow portion intended to provide access to Calvary Circle The
Property is also uniquely adjacent to three public rights -of -way, including Calvary Circle
to the north, Alabama Street to the east, and Barton Road to the south, which require the
Property to comply with three larger street -side setbacks, thus limiting the available
building area on the Property The site is also sloped, with a 6 foot increase in elevation
from north to south, over approximately 230 linear feet. Furthermore, the site must be
designed around an existing building, requested for designation as a historic resource, in
order to retain the historic integrity of the building. This combination of Property
constraints is unique to this Property, in comparison to properties within the same vicinity
and zone.
B That such 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,
The variance is necessary for the Property to establish a use that is permitted by right within
the underlying zoning designation. The adaptive reuse of this Property by establishing a
medical office in an existing single family dwelling will require site improvements, related
to the Property's conversion to commercial office, including on -site parking, landscaping,
ADA improvements, and a refuse enclosure These requirements cannot be completed
without the approval of the variance application. Other properties in the same vicinity and
zone do not have a requirement for three large street -side setbacks, which is a physical
constraint on the subject Property that is inhibiting its ability to be developed to the same
extent as other properties As such, the use and development of the Property with a
permitted use, allowed in the same vicinity and zone district, would be denied to the
Property in question without the approval of a variance
C That the granting of such variance will not be detrimental to the public welfare or
injurious to the Property or improvements of others in the vicinity,
The granting of such a variance will not be detrimental to the public welfare or injurious
to the Property or improvement of others in the vicinity The reduced parking lot setback
and building setback for the construction of an ADA-compliant accessible ramp will not
create situations that are dangerous or harmful to the public Additionally, the variance
would not affect the Property or improvements of others in the vicinity, as the variance is
limited to on -site improvements that are related to this specific Property
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D That the granting of such variance will not adversely affect the general plan of the city
of Redlands
Variance No 799 will not adversely affect the City's General Plan Appropriate adaptive
reuse projects is encouraged in the City General Plan's policies as a mechanism to promote
historic preservation The approval of Variance No 799 will support the adaptive reuse
project and allow for it to occur The variance will not conflict with the City's General
Plan or any of its policies
Section 3 Effective Date This Resolution shall become effective upon adoption
ADOPTED, SIGNED AND APPROVED this 19th day April, 2022
ATTEST
nne Donaldson, City Clerk
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Paul T Barich, Mayor
I, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoing
Resolution was duly adopted by the City Council at a regular meeting thereof held on the 19th day
of April, 2022, by the following vote
AYES Councilmembers Tejeda, Davis, Guzman -Lowery, Gallagher, Mayor Barich
NOES None
ABSENT None
ABSTAIN None
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e Donaldson, City Clerk
EXHIBIT "A"
CONDITIONS OF APPROVAL
VARIANCE NO 799
1 The issuance of any permits shall comply with all provisions of the Redlands Municipal Code
2. Unless construction has commenced pursuant to a building permit, or a time extension is granted in
accordance with Code, this approval shall expire two (2) years from the date of City Council
approval, on April 5, 2024
3 This approval is for Variance No 799 to allow a reduction in the front yard setback (from 25'0" to
20'2") to allow the encroachment of a ramp to accommodate ADA accessibility, and a
recommendation for a reduction to the parking lot setback (from 15 feet to 0 feet) to accommodate
the adaptive reuse of the property located at 1605 Calvary Circle in the Administrative Professional
(EV/AP) District of the East Valley Corridor Specific Plan (APN 0293-133-13-0000)
4 All plans submitted to the City shall reflect Planning Commission approval and any other changes
required by the Commission and/or staff.
5 A building permit shall be obtained prior to the construction of any structure.
6 No Certificate of Occupancy or finaled building permit shall be granted until all conditions of
approval have been satisfied.
7 The applicant shall not make 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 his designee
8 The applicant for this subdivision, and its successors and assigns, shall defend, indemnify and hold
harmless 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 permit 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 indemnification 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 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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