HomeMy WebLinkAbout99-15 - Resolutions RESOLUTION NO. 99-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA,CALIFORNIA,APPROVING CONDITIONAL USE
PERMIT NO. 98-31 TO MODIFY A PREVIOUSLY APPROVED MASTER
PLAN (CONDITIONAL USE PERMIT 90-37) AND CONSTRUCT A
2,892 SQUARE FOOT FAST-FOOD DRIVE-THRU RESTAURANT ON
0.56 ACRES OF LAND WITHIN AN INTEGRATED 82 ACRE SHOPPING
CENTER IN THE REGIONAL RELATED COMMERCIAL DISTRICT OF THE
FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT THE
SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND ETIWANDA
AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 229-031-31.
A. Recitals.
1. Jess Foods, Inc. has filed an application for the issuance of Conditional Use Permit
No. 98-31, 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 the southwest corner of Foothill
Boulevard and Etiwanda Avenue with a street frontage of 160 feet and lot depth of 146 feet and
which is presently vacant; and
b. The property to the north of the subject site is vacant and developed with small
offices, the property to the south, east, and west consists of various uses within the Foothill
Marketplace Shopping Center including other fast food drive-thru restaurants; and
c. The proposed use is consistent with General Plan objective to provide commercial
facilities to meet the retail and service needs of the community which are conveniently accessible;
and
PLANNING COMMISSION RESOLUTION NO. 99-15
CUP 98-31 -JESS FOODS, INC.
February 24, 1999
Page 2
d. The proposed design incorporates many architectural elements characteristic of
the Foothill Marketplace Shopping Center consistent with the Foothill Boulevard Specific Plan
objective to provide compatible building elevations; and
e. The proposed building layout orients the main pedestrian entry towards Foothill
Boulevard while screening the drive-thru lane consistent with Planning Commission Resolution
No. 88-96, Drive-Thru Facility Guidelines.
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 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 Negative Declaration based upon
the findings as follows:
a. The 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 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 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 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 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.
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 COMMISSION RESOLUTION NO. 99-15
CUP 98-31 - JESS FOODS, INC.
February 24, 1999
Page 3
Planning Division
1) Provide densely planted evergreen hedgerow, berming, low
decorative walls, or any combination thereof, within landscape
setback along Foothill Boulevard to screen pedestrian pathway ramp
and drive-thru lane entrance/exit as much as possible. This includes
provision of landscaping within long narrow strip along south side of
pedestrian access ramp.
2) A minimum of 15 percent of the site area shall be landscaped per the
Foothill Boulevard Specific Plan.
3) All exterior building colors and materials,light fixtures, light standards,
and pedestrian fumiture shall match that of the Foothill Marketplace
Shopping Center.
4) On-site directional signs for the drive-thru shall not include any
business identification or logos as prohibited by the City's Sign
Ordinance.
5) Decorative trash receptacles shall be provided outside the building.
6) Provide a decorative wrought iron fence along the top of the retaining
wall on the south side of the drive-thru lane.
7) Provide vine plantings at the base of the retaining wall along the
south side of the drive-thru lane and train vines to climb wall/wrought
iron.
8) Provide hedgerow planting with the largest available plant materials
along the south side of the drive-thru lane to screen the drive-thru
lane.
9) Provide lighting for handicapped access ramp leading from sidewalk
in Foothill Boulevard.
Engineering Division
1) Install the missing portion, approximately 4 feet square, of sidewalk
improvements on Etiwanda Avenue at the southeast corner of the
shopping center, prior to building permit issuance.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 24THD DAY OF FEBRUARY 1999.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
PLANNING COMMISSION RESOLUTION NO. 99-15
CUP 98-31 - JESS FOODS, INC.
February 24, 1999
Page 4
BY: St_1_I''
arty T. cNiel, Chairman
ATTEST: �i(/_/%rs
Brad ' - Se' V
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 February 1999, by the following vote-to-wit:
AYES: COMMISSIONERS: MANNERINO, MCNIEL, STEWART
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MACIAS, TOLSTOY
COMMUNITY DEVELOPMENT
s: DEPARTMENT
STANDARD CONDITIONS
PROJECT#: Conditional Use Permit 98-31
SUBJECT: Arby's Restaurant
APPLICANT: Jess Foods, Inc.
LOCATION: Southwest corner Foothill Boulevard/Etiwanda Avenue
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 Complotlon Date
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. 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.
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, Development Code
regulations, and the Foothill Boulevard Specific Plan
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.
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Project No. CUP 98.31
Completion Date
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. Trash receptacle(s)are required and shall meet City standards. The final design, locations, and /_I_
the number of trash receptacles shall be subject to City Planner review and approval prior to the
issuance of building permits.
9. 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.
10. All building numbers shall be identified in a clear and concise manner, including proper _/_/_
illumination.
D. Shopping Centers
1. A uniform hardscape and street furniture design including seating benches, trash receptacles, _/_/_
free-standing potted plants, bike racks, light bollards, etc., shall be utilized and be compatible
with the established theme for shopping center. Detailed designs shall be submitted for Planning
Division review and approval prior to the issuance of building permits.
2. Provide for the following design features in each trash enclosure, to the satisfaction of the City
Planner:
a. Architecturally integrated into the design of(the shopping center/the project). _/ /_
b. Separate pedestrian access that does not require the opening of the main doors and to / /_
include self-closing pedestrian doors.
c. Large enough to accommodate two trash bins. _/_/_
d. Roll-up doors. / /_
e. Trash bins with counter-weighted lids. / I_
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Project No. CUP 4N-1I
Completion Date
f. Architecturally treated overhead shade trellis. / /_
g. Chain link screen on top to prevent trash from blowing out of the enclosure and designed _/_/_
to be hidden from view.
3. Graffiti shall be removed within 72 hours. / /
4. The entire site shall be kept free from trash and debris at all times and in no event shall trash and /_/_
debris remain for more than 24 hours.
5. All operations and businesses shall be conducted to comply with the following standards which
shall be incorporated into the lease agreements for all tenants:
a. Noise Level - All commercial activities shall not create any noise that would exceed an _/ /_
exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during the
hours of 7 a.m. until 10 p.m.
b. Loading and Unloading - No person shall cause the loading, unloading, opening, closing, /_/_
or other handling of boxes, crates, containers, building materials, garbage cans, or other
similar objects between the hours of 10 p.m.and 7 a.m. unless otherwise specified herein,
in a manner which would cause a noise disturbance to a residential area.
6. 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.
7. 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.
2. For commercial and industrial projects, paint roll-up doors and service doors to match main _/ /_
building colors.
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.
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Project No. CUP 98-3I
Completion Date
4. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, _/_/_
and exits shall be striped per City standards.
5. 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.
6. Bicycle storage spaces shall be provided. Minimum spaces equal to five percent of the required / /_
automobile parking spaces or three bicycle storage spaces, whichever is greater. Where this
results in a fraction of 0.5 or greater,the number shall be rounded off to the higher whole number.
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. A minimum of 30%within commercial and office projects, shall be specimen size trees-24-inch _/_/_
box or larger.
3. 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.
4. 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.
5. 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.
6, 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.
7. 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.
8. 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.
SC•1/1999 4
Project No. CUP 98.31
Completion Date
9. Special landscape features such as mounding and intensified landscaping, is required along _/_/_
Foothill Boulevard.
10. 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.
11. All walls shall be provided with decorative treatment. If located in public maintenance areas, the /_/_
design shall be coordinated with the Engineering Division.
12. 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.
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.
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 Uniform Sign Program for Foothill
Marketplace and the Sign Ordinance and shall require separate application and approval by the
Planning Division prior to installation of any signs.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
I. 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 98-31). The applicant shall comply with the latest
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. Street addresses shall be provided by the Building Official,after tract/parcel map recordation and /_/_
prior to issuance of building permits.
4. 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.
J. New Structures
1. Provide compliance with the Uniform Building Code for required occupancy separation(s). _/_/_
2. Roofing material shall be installed as for wind-resistant roof covering at wind velocity not less _/_/_
than 90 mph.
sc.tn9I99 5
Project No. CUP 98.31
Completion Date
3. Plans for food preparation areas shall be approved by County of San Bernardino Environmental _/_/_
Health Services prior to issuance of building permits.
K. 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.
APPLICANT SHALL CONTACT THE FIRE PREVENTION/NEW CONSTRUCTION UNIT,(909)477-2730,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
L. General Fire Protection Conditions
1. Fire flow requirement shall be 2,000 gallons per minute. / /_
X a. A fire flow shall be conducted by the builder/developer and witnessed by fire /_/_
department personnel prior to water plan approval.
X 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.
2. Fire hydrants are required. All required public or on-site fire hydrants shall be installed, flushed, /_/_
and operable prior to delivery of any combustible building materials on site(i.e., lumber, roofing
materials, etc.). Hydrants flushing shall be witnessed by fire department personnel.
3. Prior to the issuance of building permits for combustible construction, evidence shall be /_/_
submitted to the Fire District that an approved temporary water supply for fire protection is
available, pending completion of the required fire protection system.
4. 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 the sprinkler system is adequate for proposed operations.
5. A fire alarm system(s) shall be required as noted below:
X Per Rancho Cucamonga Fire Protection District Ordinance 15. _/_/_
6. Roadways within project shall comply with the Fire District's fire lane standards, as noted: _/_/_
X All roadways per Rancho Cucamonga Fire Protection District Ordinance 22. _/_/_
7. Emergency secondary access shall be provided in accordance with Fire District standards. / /_
8. All trees and shrubs planted in any median shall be kept trimmed to a minimum of 14 feet, _/_/_
6 inches from the ground up, so as not to impede fire apparatus.
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Project No. CUP 98.31
Completion Date
9. 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.
10. $132.00 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.
11. Plans shall be submitted and approved prior to construction in accordance with 1994 UBC, UFC, _/ /_
UPC, UMC, NEC, and RCFD Standards 22 and 15.
APPLICANT SHALL CONTACT THE POLICE DEPARTMENT,(909)477-2800,FOR COMPLIANCE WITH
THE FOLLOWING CONDITIONS:
M. 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. / /_
N. 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.
O. Windows
1. Store front windows shall be visible to passing pedestrians and traffic. / /_
P. Building Numbering -
1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime _/ /_
visibility.
Q. 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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