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Home My WebLink About92-88 - Resolutions RESOLUTION NO. 92-88 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 90-42, AND DESIGN REVIEW THEREOF, TO ALLOW A 3,535 SQUARE FOOT DRIVE-THRU RESTAURANT, WITHIN A MASTER PLANNED 31.13 ACRE SHOPPING CENTER, LOCATED AT THE SOUTH SIDE OF FOOTHILL BOULEVARD, WEST OF THE FUTURE DAY CREEK BOULEVARD, IN THE REGIONAL RELATED COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 229-021-10, 15, 19 AND 28. A. Recitals. (i) Carl Karcher Enterprises has filed an application for a Modification to Conditional Use Permit No. 90-42 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Modification to the Conditional Use Permit request is referred to as "the application. " (ii) On July 10, 1992, the Planning Commission of the City of Rancho Cucamonga conceptually approved Resolution No. 91-108, thereby approving the completed master plan for Victoria Courtyard Shopping Center. (iii) On the 24th day of June 1992, 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. (iv) 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 substantial evidence presented to this Commission during the above-referenced public hearing on June 24, 1992, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to property within an approved shopping center located at the south side of Foothill Boulevard, west of the future Day Creek Boulevard, with a street frontage of approximately 340 feet along Foothill Boulevard and lot depth of approximately 175 feet and is presently unimproved; and (b) The property to the north of the subject site is vacant, the property to the south of that site consists of the Devore Freeway, the properties to the east and west are vacant Southern California Edison corridors; and (c) The property is zoned Regional Related Office/Commercial within the Victoria Community Plan; and PLANNING COMMISSION RESOLUTION NO. 92-88 CUP 90-42 - CARL KARCHER ENTERPRISES June 24, 1992 Page 2 (d) The application contemplates the construction of a 3,535 square foot drive-thru restaurant where previously a 3,523 square foot sit down restaurant was proposed. 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 the proposed modification is in accord with the General Plan, the objectives of the Development Code, the Victoria Community Plan, and the purposes of the district in which the site is located. (b) That the proposed modification, 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. (c) That the proposed modification complies with each of the applicable provisions of the Development Code. 4. This Commission hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and, further, this Commission has previously issued a Negative Declaration for the shopping center project. 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 Division 1) All conditions of Planning Commission Resolution No. 91-108 approving Conditional Use Permit 90-42 shall apply. 2) Truck loading and unloading shall be restricted to the area designated for truck parking. 3) All colors, materials, and architectural details shall be consistent with those used throughout the shopping center. 4) The play equipment shall be colored to match the building. 5) The following conditions shall be incorporated into the final landscape plans: a) Vines shall be planted at the base of the trellis screening the pick-up and cashier windows on the east side of the building. PLANNING COMMISSION RESOLUTION NO. 92-88 CUP 90-42 - CARL KARCHER ENTERPRISES June 24, 1992 Page 3 b) Dense shrubs shall be planted to screen the entire drive-thru lane from public view. c) Additional trees shall be planted around the patio area. 6) The signage shown on the elevations is conceptual only. The proposed signage requires a separate review and shall be subject to the provisions of the approved Uniform Sign Program for the shopping center. 7) Noise levels measured at the property line shall not exceed the level of background noise normally found in the area. 8) The premises shall be kept clean and the operator shall make all reasonable efforts to see that no trash or litter originating from the use is deposited on adjacent properties. Trash containers, shall be required and employees shall be required daily to pick up trash or litter originating from the site upon the site and within 300 feet of the perimeter of the property. 9) All graffiti shall be removed within 72 hours. 10) No undesirable odors shall be generated on the site. 11) A copy of these performance standards and all Conditional Use Permit conditions of approval shall be posted along with the necessary business licenses and be visible at all times to employees. 12) A large specimen size tree or shade structure(s) shall be provided in the patio/play area to provide some relief from the sun's heat, subject to review and approval by the City Planner. 13) Any request to place awnings on the building shall require a modification to Conditional Use Permit 90-42. Engineering Division 1) Conditions of approval for Tentative Parcel Map 13808 and CUP 90-42 shall apply. PLANNING COMMISSION RESOLUTION NO. 92-88 CUP 90-42 - CARL KARCHER ENTERPRISES June 24, 1992 Page 4 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF JUNE 1992. PLANNING CO .' SSION OF THE CITY OF RANCHO CUCAMONGA BY: /—�L a `^ , _�/ arry ft cNiel, • irman ATTEST: -. Brad f.3', Marry 7 ry I, Brad Buller, 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 24th day of June 1992, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: VALLETTE PLANNING COMMISSION RESOLUTION NO. 92-88 CUP 90-42 - CARL KARCHER ENTERPRISES June 24, 1992 Page 4 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF JUNE 1992. PLANNING CO ISSION OF THE CITY OF RANCHO CUCAMONGA r BY -t kl.* arty T � iel, Chairman ATTEST: r� �� Bra• ; • ry I, Brad Buller, 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 24th day of June 1992, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: VALLETTE