HomeMy WebLinkAbout97-28 - Resolutions RESOLUTION NO. 97-28
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 97-02, A REQUEST TO CONSTRUCT A 3,050 SQUARE FOOT
QUICK-SERVICE RESTAURANT WITH DRIVE-THRU ON A 1.14 ACRE
PARCEL WITHIN THE TERRA VISTA PROMENADE SHOPPING CENTER,
LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, WEST OF
THE EXTENSION OF MASI DRIVE, AND MAKING FINDINGS IN SUPPORT
THEREOF - APN: 227-151-44.
A. Recitals.
1. Carl Karcher Enterprises has filed an application for the issuance of Conditional Use
Permit No. 97-02, as described in the title of this Resolution. Hereinafter in this Resolution, the
subject Conditional Use Permit request is referred to as "the application."
2. On the 14th day of May 1997, 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.
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 May 14, 1997, including written and oral staff reports, together with
public testimony, this Commission hereby specifically finds as follows:
a. The application applies to property located on the north side of Foothill Boulevard,
west of the extension Masi Drive, with a Foothill Boulevard street frontage of approximately 206 feet
and lot depth of approximately 259 feet and which is presently improved with curb, gutter, sidewalk,
and streetside landscaping; and
b. The property to the north of the subject site is vacant, the property to the south
consists of an automotive service station, the property to the east is an automotive service
station/convenience market under construction, and the property to the west is vacant; and
c. The application contemplates the construction of a 3,050 square foot quick-service
restaurant with drive-thru on a vacant pad within the Terra Vista Promenade shopping center; and
d. The site is designated Community Commercial by the Terra Vista Community Plan;
and
e. The site is part of the Terra Vista Promenade shopping center, for which a
Conceptual Master Plan for development was prepared in conjunction with Phase One development.
A quick-service restaurant with drive-thru was shown on this parcel on the conceptually approved
Master Plan.
PLANNING COMMISSION RESOLUTION NO. 97-28
CUP 97-02 - CARL KARCHER ENTERPRISES
May 14, 1997
Page 2
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. The proposed use is in accord with the General Plan, the objectives of the
Development Code and Terra Vista Community Plan, and the purposes of the district in which the
site is located.
b. The proposed use, 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. The proposed use complies with each of the applicable provisions of the
Development Code and Terra Vista Community Plan.
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, as amended, and
the State CEQA guidelines promulgated thereunder; and a Negative Declaration was issued on
October 4, 1995 . Further this Commission finds that the application is in substantial compliance
with the original approval for which a Negative Declaration was issued.
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
and in the Standard Conditions, attached hereto and incorporated herein by this reference.
Planning Division
1) The accent color on the north elevation shall be modified to be more
consistent with the use of accent colors on the Home Depot building,
to the satisfaction of the City Planner.
2) The required special paving used at the two vehicular entrances to the
parcel shall be applied consistently with that on the ARCO facility to the
east, to the satisfaction of the City Planner.
3) The overhead trellis on the west side of the main driveway into the
shopping center shall be constructed prior to occupancy.
4) The design of the trellis structures around the building, including the
heavy trellis members, shall be consistent with those used on other
buildings throughout the project, to the satisfaction of the City Planner.
5) Should a clearance pole be proposed, the column used to support the
pole shall be consistent with the columns used on the buildings and
trellises throughout the project, to the satisfaction of the City Planner.
6) Berming and hedges of evergreen shrubs shall be used in combination
with the stacked stone screen wall to screen the drive-thru lane, to the
satisfaction of the City Planner.
PLANNING COMMISSION RESOLUTION NO. 97-28
CUP 97-02 - CARL KARCHER ENTERPRISES
May 14, 1997
Page 3
7) All transformers and other above-ground equipment shall be completely
screened from public view through the use of evergreen shrub hedges,
low walls, or a combination thereof, to the satisfaction of the City
Planner.
8) All light fixtures used shall be consistent with those already used within
the shopping center or specified with the Design Guidelines
supplement, to the satisfaction of the City Planner.
9) The drive aisle along the north side of the project area shall be
extended westerly so that a complete interim turnaround loop is formed
for the purpose of emergency access, to the satisfaction of the City
Planner.
10) The final location of the proposed pay telephones shall be subject to
review and approval of the City Planner, prior to the issuance of
building permits.
11) The trash enclosure shall be designed consistent with the design
guidelines for the Terra Vista Promenade shopping center, to the
satisfaction of the City Planner, including the following amenities:
a) An overhead wood trellis consistent in design with other trellises
in the Terra Vista Promenade shopping center;
b) An overhead roll-up door painted to match the walls of the
enclosure;
c) Trash bins with counter weighted lids;
d) Separate pedestrian access; and
e) Chain link fencing between the top of the enclosure walls and the
trellis to prevent trash from blowing out of the enclosure.
12) All pertinent conditions from City Council Resolution No. 95-140 shall
apply to this project.
Engineering Division
1) The traffic signal at Rochester Avenue and Chervil Street shall be
installed upon any development within Phase 2 of the Terra Vista
Promenade (CUP 95-11). The signal shall be operational prior to
occupancy.
2) Revise the following public improvement plans to the satisfaction of the
City Engineer:
a) Revise Sheet 46 of 1555-L, the approved Activity Center and
Median Landscape Plans for Terra Vista Promenade, to show
street trees, the existing 84-inch storm drain, and the limit line for
tree planting relative to that storm drain.
PLANNING COMMISSION RESOLUTION NO. 97-28
CUP 97-02 - CARL KARCHER ENTERPRISES
May 14, 1997
Page 4
b) Revise Sheet 9 of 1555-D to show the revised location for the
proposed private storm drain lateral.
3) All missing Foothill Boulevard frontage improvements shall be installed
per the approved public improvement plans, Drawing No. 1555. Street
trees, a minimum of 15-gallon size or larger, shall be installed per City
Standards in accordance with the City's Street Tree Program.
4) Parkway landscaping along Foothill Boulevard shall conform to the
Foothill Boulevard Design Supplement.
5) Trees are prohibited within 5 feet of the outside diameter of the existing
84-inch storm drain on the north side of Foothill Boulevard (Drawing No.
1555-D), measured from the outer edge of a mature tree trunk. A copy
of the On-Site Landscaping Plan, with the storm drain plotted, shall be
provided for the City Engineer to verify this condition is being met.
6) Structures within the storm drain easement, like the monument sign
and the drive-thru lane screen wall, shall be designed to not place
concentrated loads on the storm drain.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 14TH DAY OF MAY 1997.
PLANN C•� E CITY OF RANCHO CUCAMONGA
BY:
WTI. SAS
E.' d Barker, Chair, an
ATTEST: ,
BT! -r, S cret- •-
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 14th day of May 1997, by the following vote-to-wit:
AYES: COMMISSIONERS: BARKER, BETHEL, MACIAS, MCNIEL, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
COMMUNITY DEVELOPMENT
DEPARTMENT
%..
STANDARD CONDITIONS
PROJECT#: Conditional Use Permit 97-02
SUBJECT: 3,050 square foot quick-service restaurant with drive-thru
APPLICANT: Carl Karcher Enterprises
LOCATION: NWC Foothill Boulevard and Masi Drive
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909)477-2750, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
A. Time Limits Completion Date
1. Approval shall expire, unless extended by the Planning Commission, if building permits are not / /_
issued or approved use has not commenced within 24 months from the date of approval.
2. Prior to recordation of the final map or prior to the issuance of building permits when no map is _/_/_
involved, written certification from the affected water district that adequate sewer and water
facilities are or will be available to serve the proposed project shall be submitted to the
Department of Community Development. Such letter must have been issued by the water district
within 90 days prior to final map approval in the case of subdivision or prior to the issuance of
permits in the case of all other residential projects.
B. 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 Division, the conditions contained herein, Development Code
regulations, and the Terra Vista Community Plan.
2. Revised site plans and building elevations incorporating all Conditions of Approval shall be / /_
submitted for City Planner review and approval prior to the issuance of building permits.
3. 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. -
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Project No. CUP 97-02
Completion Date
4. 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.
5. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved _/_/_
by the City Planner 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.
6. Trash receptacle(s) are required and shall meet City Standards. The final design, locations, and /_/_
the number of trash receptacles shall be subject to City Planner review and approval prior to the
issuance of building permits.
7. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be /_/_
located out of public view and adequately screened through the use of a combination of concrete
or masonry walls, berming, and/or landscaping to the satisfaction of the City Planner.
8. All building numbers and individual units shall be identified in a clear and concise manner, _/_/_
including proper illumination.
9. All parkways, open areas, and landscaping shall be permanently maintained by the property _/_/_
owner, homeowners'association, or other means acceptable to the City. Proof of this landscape
maintenance shall be submitted for City Planner and City Engineer review and approved prior to
the issuance of building permits.
C. Building Design
1. All roof appurtenances, including air conditioners and other roof mounted equipment and/or /_/_
projections, shall be shielded from view and the sound buffered from adjacent properties and
streets as required by the Planning Division. Such screening shall be architecturally integrated
with the building design and constructed to the satisfaction of the City Planner. Details shall be
included in building plans.
D. Parking and Vehicular Access (indicate details on building plans)
1. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall /_/_
contain a 12-inch walk adjacent to the parking stall (including curb).
2. Textured pedestrian pathways and textured pavement across circulation aisles shall be provided /_/_
throughout the development to connect dwellings/units/buildings with open
spaces/plazas/recreational uses.
3. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, / /_
and exits shall be striped per City standards.
4. Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more _/_/_
parking stalls. Designate two percent or one stall, whichever is greater, of the total number of
stalls for use by the handicapped.
5. Motorcycle parking area shall be provided for commercial and office facilities with 25 or more _/ /_
parking stalls. Developments with over 100 parking stalls shall provide motorcycle parking at the
rate of one percent. The area for motorcycle parking shall be a minimum of 56 square feet.
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Project No. CUP 97-02
Completion Date
E. Landscaping
1. A detailed landscape and irrigation plan, including slope planting and model home landscaping / /_
in this case of residential development, shall be prepared by a licensed landscape architect and
submitted for City Planner review and approval prior to the issuance of building permits or prior
final map approval in the case of a custom lot subdivision.
2. Existing trees required to be preserved in place shall be protected with a construction barrier in /_/_
accordance with the Municipal Code Section 19.08.110, and so noted on the grading plans. The
location of those trees to be preserved in place and new locations for transplanted trees shall be
shown on the detailed landscape plans. The applicant shall follow all of the arborist's
recommendations regarding preservation, transplanting, and trimming methods.
3. A minimum of 30% of trees planted within the project shall be specimen size trees-24-inch box _/_/_
or larger.
4. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking /_/_
stalls, sufficient to shade 50% of the parking area at solar noon on August 21.
5. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one / /_
tree per 30 linear feet of building.
6. All private slopes of 5 feet or less in vertical height and of 5:1 or greater slope, but less than 2:1 _/_/_
slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion
control. Slope planting required by this section shall include a permanent irrigation system to be
installed by the developer prior to occupancy.
7. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater / /_
slope shall be landscaped and irrigated for erosion control and to soften their appearance as
follows: one 15-gallon or larger size tree per each 150 sq. ft. of slope area, 1-gallon or larger size
shrub per each 100 sq. ft. of slope area, and appropriate ground cover. In addition, slope banks
in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or
larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered
clusters to soften and vary slope plane. Slope planting required by this section shall include a
permanent irrigation system to be installed by the developer prior to occupancy.
8. For multi-family residential and non-residential development, property owners are responsible for _/ /_
the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas
within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and
maintained in healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing,
and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within
30 days from the date of damage.
9. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included /_/_
in the required landscape plans and shall be subject to City Planner review and approval and
coordinated for consistency with any parkway landscaping plan which may be required by the
Engineering Division.
10. Special landscape features such as mounding, alluvial rock, specimen size trees, meandering / /_
sidewalks(with horizontal change), and intensified landscaping, is required along Foothill Blvd.
11. Landscaping and irrigation systems required to be installed within the public right-of-way on the / /_
perimeter of this project area shall be continuously maintained by the developer.
SC-form 3
Project No. CUP 97-02
Completion Date
12. All walls shall be provided with decorative treatment. If located in public maintenance areas, the / /_
design shall be coordinated with the Engineering Division.
13. Landscaping and irrigation shall be designed to conserve water through the principles of / /_
Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code.
F. Signs
1. The signs indicated on the submitted plans are conceptual only and not a part of this approval. /_/_
Any signs proposed for this development shall comply with the Sign Ordinance and shall require
separate application and approval by the Planning Division prior to installation of any signs.
G. Environmental
1. Mitigation measures are required for the project. The applicant is responsible for the cost of /_/_
implementing said measures, including monitoring and reporting. Applicant shall be required to
post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the
amount of$to be determined, prior to the issuance of building permits, guaranteeing satisfactory
performance and completion of all mitigation measures. These funds may be used by the City
to retain consultants and/or pay for City staff time to monitor and report on the mitigation
measures. Failure to complete all actions required by the approved environmental documents
shall be considered grounds for forfeit.
In those instances requiring long term monitoring (i.e.) beyond final certificate of occupancy), the
applicant shall provide a written monitoring and reporting program to the City Planner prior to
issuance of building permits. Said program shall identify the reporter as an individual qualified
to know whether the particular mitigation measure has been implemented.
APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
H. Site Development
1. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical / /_
Code, Uniform Plumbing Code, National Electric Code, and all other applicable codes,
ordinances, and regulations in effect at the time of issuance of relative permits. Please contact
the Building and Safety Division for copies of the Code Adoption Ordinance and applicable
handouts.
2. Prior to issuance of building permits for a new commercial or industrial development or addition _/ /_
to an existing development, the applicant shall pay development fees at the established rate.
Such fees may include, but are not limited to: Transportation Development Fee, Drainage Fee,
School Fees, Permit and Plan Checking Fees.
3. Street addresses shall be provided by the Building Official, after tract/parcel map recordation and /_/_
prior to issuance of building permits.
I. Grading
•
1. Grading of the subject property shall be in accordance with the Uniform Building Code, City _/ /_
Grading Standards, and accepted grading practices. The final grading plan shall be in substantial -
conformance with the approved grading plan.
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Project No. CUP 97-02
Completion Date
2. A soils report shall be prepared by a qualified engineer licensed by the State of California to _/_/_
perform such work.
3. The final grading plans shall be completed and approved prior to issuance of building permits. /_/_
APPLICANT SHALL CONTACT THE FIRE PREVENTION/NEW CONSTRUCTION UNIT, (909) 477-2730,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
J. General Fire Protection Conditions
1. Fire flow requirement shall be 1.500 gallons per minute. _/ /_
a. A fire flow shall be conducted by the builder/developer and witnessed by fire department / /_
personnel prior to water plan approval.
2. Hydrant reflective markers (blue dots)shall be required for all hydrants and installed prior to final / /_
inspection.
3. An automatic fire extinguishing system(s) will be required as noted below:
X Per Rancho Cucamonga Fire Protection District Ordinance 15. _/_/_
Note: Special sprinkler densities are required for such hazardous operations as
woodworking, plastics manufacturing, spray painting, flammable liquids storage, high piled
stock, etc. Contact the Fire Safety Division to determine if sprinkler system is adequate
for proposed operations.
4. A fire alarm system(s) shall be required as noted below:
X Other Fire Sprinkler Monitoring. / /
5. Roadways within project shall comply with the Fire District's fire lane standards, as noted:
X Other Turning radius on north and west parking areas. / /_
6. Fire department access shall be amended to facilitate emergency apparatus. / /_
7. A Knox rapid entry key vault shall be installed prior to final inspection. Proof of purchase shall / /_
be submitted prior to final building plan approval. Contact the Fire Safety Division for specific
details and ordering information.
8. Plan check fees in the amount of$ 0 have been paid. An additional $ 645.00 shall be paid:
X Prior to final plan approval. / /_
Note: Separate plan check fees for fire protection systems (sprinklers, hood systems,
alarms, etc.) and/or any consultant reviews will be assessed upon submittal of plans.
9. Plans shall be submitted and approved prior to construction in accordance with 1994 UBC, UFC, / /_
UPC, UMC, NEC, and RCFD Standards 22 and 15.
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Project No. CUP 97-02
Completion Date
K. Special Permits
1. Special permits may be required, depending on intended use, as noted below:
a. Places of assembly (except churches, schools, and other non-profit organizations). / /_
b. Compressed gases (storage, handling or use exceeding 100 cubic feet). / /_
APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909)477-2800, FOR COMPLIANCE WITH
THE FOLLOWING CONDITIONS:
L. Security Lighting
1. All parking, common, and storage areas shall have minimum maintained 1-foot candle power. _/_/_
These areas should be lighted from sunset to sunrise and on photo sensored cell.
2. All buildings shall have minimal security lighting to eliminate dark areas around the buildings, with / /_
direct lighting to be provided by all entryways. Lighting shall be consistent around the entire
development.
3. Lighting in exterior areas shall be in vandal-resistant fixtures. / /_
M. Security Hardware
1. One-inch single cylinder dead bolts shall be installed on all entrance doors. If windows are within / /_
40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used.
2. All roof openings giving access to the building shall be secured with either iron bars, metal gates, _/ /_
or alarmed.
N. Windows
1. Store front windows shall be visible to passing pedestrians and traffic. _/_/_
O. Building Numbering
1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime / /_
visibility.
P. Alarm Systems
1. Install a burglar alarm system and a panic alarm if needed. Instructing management and _/ /_
employees on the operation of the alarm system will reduce the amount of false alarms and in
turn save dollars and lives.
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