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HomeMy WebLinkAbout92-67 - Resolutions RESOLUTION NO. 92-67 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. 91-15, FOR THE DEVELOPMENT OF A 5,000 SQUARE . FOOT RESTAURANT WITHIN THE TERRA VISTA TOWN CENTER, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, EAST OF HAVEN AVENUE IN THE COMMUNITY COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-421-76. A. Recitals. (i) Monarch Foods has filed an application for the approval of Development Review No. 91-15 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." (ii) On the of 8th day of April 1992, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting on that date. (iii) 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 meeting on April 8, 1992, including written and oral staff reports, this Commission hereby specifically finds as follows: (a) The application applies to property located on the north side of Foothill Boulevard, east of Haven Avenue with a street frontage of 100 feet and lot depth of 130 feet and is presently improved with curb, gutter, sidewalk and on-site landscaping; and (b) The property to the north of the subject site is a shopping center, the property to the south is developed with a restaurant and the remainder area is vacant, the property to the east is vacant, and the property to the west is a shopping center; and (c) The proposed project is consistent with the Terra Vista Town Center Master Plan. PLANNING COMMISSION RESOLUTION NO. 92-67 DR 91-15 - MONARCH FOODS - (SHAKEY'S) April 8, 1992 Page 2 3. Based upon the substantial evidence presented to this Commission during the above-referenced meeting 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 project is consistent with the objectives of the General Plan; and (b) That the proposed use is in accord with the objective of the Development Code and the Terra Vista Planned Community and the purposes of the district in which the site is located; and (c) That the proposed use is in compliance with each of the applicable provisions of the Development Code and the Terra Vista Planned Community; and (d) That 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. 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 issued a Negative Declaration on December 9, 1987. 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 attached Standard Conditions, attached hereto and incorporated herein by this reference. Planning Division 1) The final design of the dome and the architectural element at the top shall be subject to Design Review Committee review and approval prior to issuance of building permits. 2) The design of the pedestrian walkway located north of the building shall be of integral colored concrete, 12 inches square, consistent with the design established in Terra Vista Town Center. 3) The stairs going up to the main building shall be of decorative textured materials consistent with the theme established in the Terra Vista Town Center. PLANNING COMMISSION RESOLUTION NO. 92-67 DR 91-15 - MONARCH FOODS - (SHAKEY'S) April 8, 1992 Page 3 4) All building materials and colors shall be consistent with the ones approved for the Terra Vista Town Center such as, but are not limited to, 5 percent randomly placed booster roof tiles, columns, caps, plaster style, size of wood trellis, etc. 5) Sectional roll-up doors shall be provided to the trash enclosure area. 6) All architectural details shall be consistent with the Center such as, but are not limited to, cornice, medallions, trellis, corbel, wall caps, etc. 7) The developer shall provide at the project site a 10-foot by 12-foot panel showing the sample plaster finish for City Planner review and approval prior to commencement of general plaster work on the building. 8) All outdoor furniture such as, but are not limited to, chairs, tables, trash receptacles, flower pots, etc. , shall be compatible with the theme established in the Terra Vista Town Center, and subject to City Planner review and approval prior to issuance of building permits. 9) The plant pallette shall be consistent with the theme established in the Center. 10) All proposed shrubs and vines shall be a minimum of 5-gallon size. 11) Shrub massing, such as placing them 3 feet on center, shall be provided along the east, west, and north elevations. 12) A low profile decorative wall shall be provided separating the outdoor seating area from the landscaped area. Shrub massing shall be provided in front of this decorative wall. The final design shall be subject to City Planner review and approval prior to issuance of building permits. 13) Additional trees shall be provided along the west elevation. The tree species and size shall match the existing ones west of the entry drive. PLANNING COMMISSION RESOLUTION NO. 92-67 DR 91-15 - MONARCH FOODS - (SHAXEY'S) April 8, 1992 Page 4 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF APRIL 1992. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: set 4-di t ' - r alr arr cNiel, • - 'rman ATTEST: Bra llrer,W-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 8th day of April 1992, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, TOLSTOY, VALLETTE NOES: COMMISSIONERS: MELCHER ABSENT: COMMISSIONERS: NONE • MT OR DEPARTMENT OF RaG4CNCe"Cal®Mtraa COMMUNITY DEVELOPMENT STANDARD CONDITIONS PROJECT#: PR `II- 15 SUBJECT: 56//4*/ s APPLICANT: i'qO r cif LOCATION: l N/LL 6a) f v IVr u/ UT M'/ Those items chedaareMlion1s'of A4oval. (C)MAI APPLICANT SHALL CONTACT THE PLANNING DIVISION , (714)989-1861, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. Time Limns Caulaisalam V 1. Approval shall expire,unless extended by the Planning Commission, it building permits are -JJ- not issued or approved use has not commenced within 24 months from the date of approval. 2. Development/Design Review shall be approved prior to / / , 3. Approval of Tentative Tract No. is granted subject to the approval of JJ- 4. 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. 5. Prior to recordation of the final map or the issuance of building permits, whichever comes JJ- first, the applicant shall consent to, or participate in,the establishment of a Mello-Roos Community Facilities District for the construction and maintenance of necessary school facilities. However, if any school district has previously established such a Community Facilities District,the applicant shag, in the alternative,consent to the annexation of the project site into the territory of such existing District prior to the recordation of the final map or the issuance of building permits,whichever comes first. Further, If the affected school district has not formed a Mello-Roos Community Facilities District within twelve months from the date of approval of the project and prior to the recordation of the final map or issuance of building permits for said project, this condition shall be deemed null and void. sc - 2/91 1 Proica vo.:Dr. 7/—if Completion DEC:. This condition shall be waived if the City receives notice that the applicant and all affected school districts have entered into an agreement to privately accommodate any and all school impacts as a result of this project. 6. Prior to recordation of the final map or prior to issuance of building permits when no map is J_J- 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 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 Specific Plan and -7gee 4 ✓/Sr4-. / Planned Community. .. . .- V 2. Prior to any use of the project site or business activity being commenced thereon, all J /_ //� Conditions of Approval shall be completed to the satisfaction of the City Planner. `� 3. Occupancy of the facility shall not commence until such time as all Uniform Building Code and J—J- State Fire Marshall's 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 building shall be inspected for compliance prior to 7 occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be _J /— • submitted for City Planner review and approval prior to issuance of building permits. y 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 J—/— Code, all other applicable City Ordinances, and applicable Community Plans or Specific Plans in effect at the time of Building Permit issuance. \./.7. A detailed on-site lighting plan shall be reviewed and approved by the City Planner and J_/— Sheriff's Department (989-6611) 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. If no centralized trash receptacles are provided,all trash pick-up shall be for individual units / /— / with all receptacles shielded from public view. 9. 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 issuance of building permits. 10. All ground-mounted utility appurtenances such as transformers,AC condensers,etc.,shall J_1— 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. sc - 2/91 2 Noma No.: DA Comuledoo Date: 11.Street names shall be submitted for City Planner review and approval in accordance with J /_ the adopted Street Naming Policy prior to approval of the final map. 12.All building numbers and Individual units shall be identified in a clear and concise manner, JJ- including proper illumination. 13. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and _/_/_ weed control, in accordance with City Master Trail drawings, shall be submitted for City Planner review and approval prior to approval and recordation of the Final Tract Map and prior to approval of street improvement and grading plans.Developer shall upgrade and construct all trails, including fencing and drainage devices, in conjunction with street improvements. 14.The Covenants,Conditions and Restrictions(CC&Rs)shall not prohibit the keeping of equine _/_/_ animals where zoning requirements for the keeping of said animals have been met.Individual lot owners in subdivisions shall have the option of keeping said animals without the necessity of appealing to boards of directors or homeowners' associations for amendments to the CC&Rs. 15.The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the J—/— Homeowners' Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. 16. All parkways, open areas,and landscaping shall be permanently maintained by the property J_J_ 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 approval prior to issuance of building permits. 17. Solar access easements shall be dedicated for the purpose of assuming that each lot or J—/— dwelling unit shall have the right to receive sunlight across adjacent lots or units for use of a solar energy system.The easements may be contained in a Declaration of Restrictions for the subdivision which shall be recorded concurrently with the recordation of the final map or issuance of permits, whichever comes first. The easements shall prohbit the casting of shadows by vegetation, structures, fixtures or any other object, except for utility wires and similar objects, pursuant to Development Code Section 17.08.060-G-2. 18. The project contains a designated Historical Landmark. The site shall be developed and J_J_ maintained in accordance with the Historic Landmark Alteration Permit No. . Any further modifications to the site including,but not limited to,exterior alterations and/or interior alterations which affect the exterior of the buildings or structures,removal of landmark trees,demolition,relocation,reconstruction of buildings or structures,or changes to the site, shall require a modification to the Historic Landmark Alteration Permit subject to Historic Preservation Commission review and approval. C. Building Design 1. An alternative energy system is required to provide domestic hot water for all dwelling units JJ- and for heating any swimming pool or spa, unless other alternative energy systems are demonstrated to be of equivalent capacity and efficiency. All swimming pools installed at the - time of initial development shall be supplemented with solar heating. Details shall be included in the building plans and shall be submitted for City Planner review and approval prior to the issuance of building permits. 2. All dwellings shall have the front, side and rear elevations upgraded with architectural JJ treatment,detailing and increased delineation of surface treatment subject to City Planner review and approval prior to issuance of building permits. SC - 2/91 . - 3 ?roieaz No.:D2 %/-/i" Completion Dam: 3. Standard patio cover plans for use by the Homeowners'Association shalt be submitted for _j /— / City Planner and Building Official review and approval prior to issuance of building permits. �/ 4. All roof appurtenances,including air conditioners and other roof mounted equipment and/or _1_1_ 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. Parkin 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. v 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. All units shall be provided with garage door openers if driveways are less than 18 feet in JJ- depth from back of sidewalk. 5. The Covenants,Conditions and Restrictions shall restrict the storage of recreational vehicles --/--/- on this site unless they are the principal source of transportation for the owner and prohibit parking on interior circulation aisles other than in designated visitor parking areas. 6. Plans for any security gates shall be submitted for the City Planner, City Engineer, and _/_/_._ Rancho Cucamonga Fire Protection District review and approval prior to issuance of building permits. • E. Landscaping (for publicly maintained landscape areas, refer to Section N.) \/nd 1. A detailed landscape and irrigation plan,including slope planting and model home tandscap- J_J- ing 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 JJ- 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 atborist's recommendations regarding preservation, transplanting and trimming methods. 3. A minimum of trees per gross acre,comprised of the following sizes,shall be provided J_J- within the project: %-48-inch box or larger, %-36-inch box or larger, %- 24-inch box or larger, %- 15-gallon, and %-5 gallon. 4. A minimum of %of trees planted within the project shall be specimen size trees -. _l—J- 24-inch box or larger. 5. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three J /_ parking stalls, sufficient to shade 50%of the parking area at solar noon on August 21. SC - 2/91 4 Project No. a< %/-/S Completion Dare: - V 6. 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. J—J— • 7. All private slope banks 5 feet or less in vertical height and of 5:1 orgreater slope,but less than J /- 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. 8. All private slopes in excess of 5 feet,but less than 8 feet in vertical height and of 2:1 orgreater --/—/- 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 of 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. 9. For single family residential development,all slope planting and irrigation shall be continu- _I—J— , ously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units,an inspection shall be conducted by the Planning Division to determine that they are in satisfactory condition. \/ 10. For multi-family residential and non-residential development, property owners are respon- J—/- slble 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 a 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. 11. Front yard landscaping shall be required per the Development Code and/or JJ- . This requirement shall be in addition to the required street trees and slope planting. 12.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. 13.Special landscape features such as mounding,alluvial rock,specimen size trees,meander- J—/- ing sidewalks(with horizontal change), and intensified landscaping, is required along \./ 14.Landscaping and irrigation systems required to be installed within the public right-of-way on JJ- the perimeter of this project area shall be.continuously maintained by the developer. 15.All walls shall be provided with decorative treatment.If located in public maintenance areas, JJ- the design shall be coordinated with the Engineering Division. 16.Tree maintenance criteria shall be developed and submitted for City Planner review and _1_1-- approval prior to issuance of building permits. These criteria shall encourage the natural growth characteristics of the selected tree species. 17.Landscaping and irrigation shall be designed to conserve water through the principles of J—J- Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. SC - 2/91 5 Proictt So.: P' `//-/._5.-- Comderian Date: F. Signs \. ns 1. The signs indicated on the submitted plans are conceptual only and not a part of this approval. _/_/____ Arty 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. 2. A Uniform Sign Program for this development shall be submitted for City Planner review and _/_/.._ approval prior to issuance of building permits. 3. Directory monument sign(s) shall be provided for apartment, condominium, or townhomes _/_/.___ prior to occupancy and shall require separate application and approval by the Planning Division prior to issuance of building permits. G. Environmental 1. The developer shall provide each prospective buyer written notice of the Fourth Street Rods JJ- Crusher project in a standard format as determined by the City Planner,prior to accepting a cash deposit on any property. 2. The developer shall provide each prospective buyer written notice of the City Adopted --/--/— Special Studies Zone for the Red Hill Fault, in a standard format as determined by the City Planner,prior to accepting a cash deposit on any property. 3. The developer shall provide each prospective buyer written notice of the Foothill Freeway _/_/_. project in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. 4. A final acoustical report shall be submitted for City Planner review and approval prior to the J /- issuance of building permits. The final report shall discuss the level of interior noise attenuation to below 45 CNEL,the building materials and construction techniques provided, and if appropriate,verify the adequacy of the mitigation measures.The building plans will be ' checked for conformance with the mitigation measures contained in the final report. H. Other Agencies \/ 1. Emergency secondary access shall be provided in accordance with Rancho Cucamonga Fire J—/- tection District Standards.Pm 2. Emergency access shall be provided,maintenance free and clear,a minimum of 26 feet wide JJ- at all times during construction in accordance with Rancho Cucamonga Fire Protection Y istrict requirements. rior to issuance of building permits for combustible construction, evidence shall be JJ_ submitted to the Rancho Cucamonga Fire Protection District that temporary water supply for fire protection is available,pending completion of required fire protection system. V I. The applicant shall contact the U. S. Postal Service to determine the appropriate type and JJ- location of mail boxes. Multi-family residential developments shall provide a solid overhead structure for mail boxes with adequate lighting.The final location of the mail boxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits. 5. For projects using septic tank facilities, written certification of acceptability, including all J--/ supportive information, shall be obtained from the San Bernardino County Department of Environmental Health and submitted to the Building Official prior to the issuance of Septic Tank Permits, and prior to issuance of building permits. SC - 2/91 6 • Proiectvo.:D'L 9/-/5 Canoietian D.te: APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION,.(714) 989-1863, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: I. Site De pment 1. The applicant shall comply with the latest adopted Uniform Building Code,Uniform Mechani- JJ- cal 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. -sd • - 2. Prior to issuance of building permits for a new residential dwelling unit(s)or major addition —/J— to existing unit(s),the applicant shall pay developmentfees at the established rate. Such fees • ay include,but are not limited to:City Beautification Fee,Park Fee,Drainage Fee,Systems Development Fee, Permit and Plan Checking Fees, and School Fees. 3. Prior to issuance of building permits for a new commercial or industrial development or JJ- ition to an existing development, the applicant shall pay development fees at the established rate. Such fees may include,but are not limited to:Systems Development Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees. 4. Street addresses shall be provided by the Building Official,aftertract/parcel map recordation JJ- and prior to issuance of building permits. J. Existing Structures - 1. Provide compliance with the Uniform Building Code for the property line clearances JJ- considering use, area, and fire-resistiveness of exiting buildings. 2. Existing buildings shall be made to comply with correct building and zoning regulations for —/—/— the intended use or the building shall be demolished. 3. Existing sewage disposal facilities shall be removed,filled and/or capped to comply with the J_J- Uniform Plumbing Code and Uniform Building Code. 4. Underground on-site utilities are to be located and shown on building plans submitted for JJ- building permit application. :` K. Gradin � 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 --J—/— edorm such work. � 3. The development is located within the soil erosion control boundaries; a Soil Disturbance J_/— Permit is required.Please contact San Bernardino County Department of Agriculture at(714) 387-2111 for permit application.Documentation of such permit shall be submitted to the City prior to the issuance of rough grading permit. 4. A geological report shall be prepared by a qualified engineer or geologist and submitted at --J— /the time of application for grading plan check. \// 5. The final grading plans shall be completed and approved prior to issuance of building permits. JJ— SC - 2/91 • 7 '\„"�:�