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HomeMy WebLinkAbout99-14 - Resolutions RESOLUTION NO. 99-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,APPROVING CONDITIONAL USE PERMIT NO. 98-25 TO DEMOLISH AN EXISTING CHEVRON SERVICE STATION AND BUILD A NEW 2,167 SQUARE FOOT SERVICE STATION/MINI MARKET, KEEPING THE PUMP ISLAND AND PUMP ISLAND CANOPY IN PLACE, ON 0.74 ACRES OF LAND IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, LOCATED AT 8687 BASE LINE ROAD, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 207-022-041 A. Recitals. 1. RFA, Inc., has filed an application for the issuance of Conditional Use Permit No. 98-25, 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 24th day of February 1999, 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 February 24, 1999, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 8687 Base Line Road with a street frontage of 180 feet on Base Line Road and 180 feet on Camelian Street and which is presently improved with a service station and pump island; and b. The property to the north of the subject site is developed with single family homes, the property to the south and west contains the Sunrise Shopping Center, and the property to the east is developed with a fast food restaurant and offices; and c. The proposed use is consistent with the General Plan and the Foothill Boulevard Specific Plan; and d. The design of the project, together with the conditions of approval, meet all applicable provisions of the Development Code; and e. The application contemplates the demolition of an existing service station building and construction of a new service station and mini-market, and proposes to keep the pump island and pump island canopy in place; and f. The development of the proposed project would not have a significant impact upon the environment; and PLANNING COMMISSION RESOLUTION NO. 99-14 CUP 98-25 - CHEVRON February 24, 1999 Page 2 g. The application proposes a use which serves local needs for automobile-related services by providing gasoline dispensing and a convenience store on one premises; and h. The project includes upgrading the existing landscaping to improve the visual quality of the area; and i. The proposed parking is adequate to meet Code requirements; and j. The property is improved with two driveways on both street frontages; however, the proposed project design includes closing one driveway on both street frontages. 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 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. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration based upon the findings as follows: a. The Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. Based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. PLANNING COMMISSION RESOLUTION NO. 99-14 CUP 98-25 - CHEVRON February 24, 1999 Page 3 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 The following conditions shall be reflected on the final development plans and shall be subject to review and approval by the City Planner prior to the issuance of any building permit. 1) Provide decorative paving at the north entrance to the building and walkway out to the Base Line Road sidewalk. 2) Provide heavier/thicker trim elements for the tower and tower archway. 3) Provide decorative tile accents on the tower. 4) Roof drainage devices shall prevent all water from spilling over cornices. 5) Provide a two-tone stucco treatment on the pump island canopy to match the building. 6) All roof-mounted equipment, including any satellite dishes or antennas, shall be completely screened behind the parapet from surrounding property and streets. 7) Existing public telephone shall be relocated to the new building. 8) Provide decorative trash receptacles to the satisfaction of the City Planner. Engineering Division 1) Additional street right-of-way shall be dedicated on Camelian Street fora future bus bay per City Standard Plan 119. The additional right- of-way shall begin at the north end of the proposed 40-foot wide concrete drive approach 99 feet north of and continue to the site's southerly property line. 2) Corner property line cutoff shall be dedicated per City Standard Plan 100-B. 3) Remove both existing drive approaches on Carnelian Street and the existing easterly drive approach on Base Line Road and replace the three with full height curb, gutter, and sidewalk. Construct a new 40- foot wide concrete drive approach with its centerline at 68 feet 10 inches north of the site's southerly property line on the Carnelian Street frontage. PLANNING COMMISSION RESOLUTION NO. 99-14 CUP 98-25 - CHEVRON February 24, 1999 Page 4 4) Public right-of-way improvements adjacent to and fronting the project site shall be protected in place and replaced as required below to the satisfaction of the City Engineer: a) Security shall be posted and an agreement executed to the satisfaction of the City Engineer and City Attorney,guaranteeing completion of the required improvement prior to the issuance of building permits. b) Provide street improvement plans, prepared by a Registered Civil Engineer, for the required off-site public improvements. Processing and plan check fees will be required. c) Prior to any work being performed in the street right-of-way, fees shall be paid and a construction permit shall be obtained from the office of the City Engineer. Environmental Mitigation Measures: 1) Additional street right-of-way shall be dedicated on Camelian Street for a future bus bay per City Standard Plan 119. 2) Corner property line cutoff shall be dedicated per City Standard Plan 100-B. 3) Remove the existing southerly drive approach on Carnelian Street and the existing easterly drive approach on Base Line Road and replace both with full height curb, gutter, and sidewalk. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF FEBRUARY 1999. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: S 4tr' )1A- C I stai Larry . McNiel, Chairman ATTEST: ■ __ Ile Wtary I, :rad 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 February 1999, by the following vote-to-wit: AYES: COMMISSIONERS: MANNERINO, MCNIEL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS, TOLSTOY COMMUNITY DEVELOPMENT 5ve. DEPARTMENT STANDARD CONDITIONS PROJECT#: CONDITIONAL USE PERMIT 98-25 SUBJECT: CHEVRON SERVICE STATION APPLICANT: CHEVRON LOCATION: 8687 BASE LINE ROAD 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. General Requirements Completion Dale 1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/_/_ agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. The developer shall commence, participate in, and consummate or cause to be commenced, _/ /_ participated in, or consummated, a Mello-Roos Community Facilities District (CFD) for the Rancho Cucamonga Fire Protection District to finance construction and/or maintenance of a fire station to serve the development. The station shall be located, designed, and built to all specifications of the Rancho Cucamonga Fire Protection District, and shall become the District's property upon completion. The equipment shall be selected by the District in accordance with its needs. In any building of a station, the developer shall comply with all applicable laws and regulations. The CFD shall be formed by the District and the developer by the time recordation of the final map occurs. 3. A copy of the signed Resolution of Approval or City Planner's letter of approval, and all Standard / /_ Conditions, shall be included in legible form on the grading plans, building and construction plans, and landscape and irrigation plans submitted for plan check. B. Time Limits 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. Sc.1/1999 1 Project No. CUP 98-25 Completion Date C. 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, and Development Code regulations. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions _/_/_ of Approval shall be completed to the satisfaction of the City Planner, 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and _/_/_ State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. For single family residential developments, transformers shall be placed in underground vaults. 9. All building numbers and individual units shall be identified in a clear and concise manner, _/_/_ including proper illumination. - 10. 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. D. Shopping Centers 1. Graffiti shall be removed within 72 hours. / / 2. Textured pavement shall be provided across circulation aisle, pedestrian walkway, and plaza. _/_/_ They shall be of brick/tile pavers,exposed aggregate,integral color concrete,or any combination thereof. Full samples shall be submitted for City Planner review and approval prior to the issuance of building permits. sc•1/19r99 2 Project No. CUP 98-25 Completion Date 3. The lighting fixture design shall compliment the architectural program. It shall include the plaza _/_/_ area lighting fixtures, building lighting fixtures (exterior), and parking lot lighting fixtures. E. 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. F. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts _/_/_ a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. 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). 3. 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. 4. All parking spaces shall be double striped per City standards and all driveway aisles,entrances, /_/_ and exits shall be striped per City 'standards. G. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping _/_/_ in the 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%within commercial and office projects,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. 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, se•1/19/99 3 Project No. CUP 98-25 Completion Date fertilizing,mowing,and trimming. Any damaged,dead,diseased,or decaying plant material shall be replaced within 30 days from the date of damage. 7. 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. 8. Special landscape features such as mounding, alluvial rock, specimen size trees, meandering /_/_ sidewalks (with horizontal change), and intensified landscaping, is required at the northeast corner of the site. 9. 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. 10. All walls shall be provided with decorative treatment. If located in public maintenance areas, the / /_ design shall be coordinated with the Engineering Division. 11. Tree maintenance criteria shall be developed and submitted for City Planner review and approval _/ /_ prior to issuance of building permits. These criteria shall encourage the natural growth characteristics of the selected tree species. 12. 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. H. 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. I. 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 $719.00, 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. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: J. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be / /_ marked with the project file number(i.e., CUP 98-01). The applicant shall comply with the latest sc•1/19/99 4 Project No. CUP 98-25 Completion Date adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Title 24 Accessibility requirements, 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. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday _/_/_ through Saturday, with no construction on Sunday. K. New Structures 1. Provide compliance with the Uniform Building Code for the property line clearances considering / /_ use, area, and fire-resistiveness. 2. Provide compliance with the Uniform Building Code for required occupancy separation(s). / /_ 3. Roofing material shall be installed as for wind-resistant roof covering at wind velocity not less _/ /_ than 90 mph. 4. Plans for food preparation areas shall be approved by County of San Bernardino Environmental _/ /_ Health Services prior to issuance of building permits. L. 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. 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: M. General Fire Protection Conditions 1. Mello Roos Community Facilities District requirements shall apply to this project. / /_ 2. Fire flow requirement shall be 3 000 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. b. For the purpose of final acceptance, an additional fire flow test of the on-site hydrants shall _/ /_ be conducted by the builder/developer and witnessed by fire department personnel after construction and prior to occupancy. sc-1/19/99 5 Project No. CUP 98-25 Completion Date 3. 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. 4. $677 in Fire District fee(s), and a $1 per "plan page" microfilm fee will be due to the Rancho / /_ Cucamonga Fire Protection District prior to Building and Safety permit issuance. " A Fire District fee in the amount of$132.00 shall be paid at the time of Water Plan submittal. "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. 5. Plans shall be submitted and approved prior to construction in accordance with 1994 UBC, UFC, / /_ UPC, UMC, NEC, and RCFD Standards 22 and 15. N. Special Permits 1. Special permits may be required, depending on intended use, as noted below: a. Flammable and combustible liquids (storage, handling, or use). / /_ APPLICANT SHALL CONTACT THE POLICE DEPARTMENT,(909)477-2800,FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 0. 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. / /_ P. 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. Q. Building Numbering 1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime / /_ visibility. sc•1/1959 6